Asset of community value – listing review procedure
This listing review procedure follows the requirements set out in Schedule 2 (the Schedule) of the Assets of Community Value (England) Regulations (2012) (the ‘Regulations’) as required under Regulation 10.
In accordance with Regulation 2 (c), Coventry City Council will remove an entry from the list if it is the subject of a successful appeal against listing, or the authority for any reason no longer considers the asset to be of community value.
Any removal of an asset listed on the Council’s Assets of Community Value (ACV) list will be notified to all parties identified in Regulation 9 and s.91 Localism Act 2011, generally those originally notified of the nomination and listing.
Who can request the review of an Asset of Community Value listing?
An owner of listed asset is the only person specified in the Regulations who can request a listing review. However, the owner may appoint a representative to act on his/her behalf for the review. This representative may be, but does not have to be, legally qualified. The Council will provide all relevant documents to the representative, but does not have to provide them separately to the owner.
How to request a review of an Asset of Community Value listing
In line with Schedule 2 of the Regulations, a review may be requested by an owner of the listed asset in writing within 8 weeks of notice being given, or completion of reasonable steps being taken to give notice, of Coventry City Council’s decision to list an asset nominated as an asset of community value. To request a listing review, an owner of the listed asset should request a review in writing to Coventry City Council. The asset relating to the review will remain listed while the review takes place.
Who will undertake the review?
A senior officer of the Council who is independent of the ACV decision making process will conduct the review.
What is the scope of the review?
Unless otherwise specified, the review will set out to ascertain:
- whether the nominating body was eligible to make the nomination, and
- whether the asset meets the statutory criteria for listing.
Will there be a face to face discussion about the review?
The owner may request an oral hearing. In the event no written request for an oral hearing is received from the owner, then the review will proceed on the basis of written submissions. The reviewing officer may nevertheless decide to hold an oral hearing if they think it will assist in making the decision. Both the owner and the owner’s representation may make representations to the reviewer orally and/or in writing.
How long will it take for a decision on the review to be reached?
A review decision will be reached by Coventry City Council within eight weeks of the receipt of the written request for review, unless a longer period is agreed with the owner in writing. The outcome will be communicated to the asset owner or their representative as soon as possible once the decision has been reached.
Notification of decision
The outcome of the review will be sent in writing (usually by email) to the owner or their representative once a final decision has been reached. Where the outcome of the review results in a change to the listing status of the asset reviewed, the Council will also notify those specified in s.91 of the Localism Act 2011.
Can I appeal against the listing review decision?
Yes. In accordance with Regulation 11, if an owner is unhappy with the outcome of the review, they may appeal to the First Tier Tribunal against the local authority’s decision. Details of how to contact the First Tier Tribunal will be provided as part of notification of the Council’s decision on the listing review.