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These guidance notes are to help you to complete the nomination form for registering an asset of community value.

The nomination form is split into three main sections which cover

  • Your organisation details

  • The asset you wish to nominate

  • Why you believe it adds to the social wellbeing and interest of your community.

Please try to answer all of the questions in as much detail as possible. We will use the information you provide to assess whether your nomination meets the requirements of the legislation and can be listed as an asset of community value.

Section A: About your organisation

Questions A1 – A2 on the nomination form

In this section you need to provide contact information for the person who is submitting the application on behalf of their organisation. This is the information we will use to contact you if we have any questions relating to your nomination and to give you our decision on whether your nomination is accepted or rejected.

Please be aware that the name of your organisation will be included on the list of Assets of Community Value if successful or the list of Unsuccessful Nominations. These lists will be publicly available both on the council’s website and in printed form if requested.

Questions A3- A4 on the nomination form

We need to understand what type of organisation you are to see if you are eligible to nominate an asset. The right to nominate is restricted to certain types of community groups which have been set by the government within the Localism Act. Nominations cannot be accepted by any bodies other than the ones listed below.

  • Parish or town councils can make nominations for an asset in their own area or in a neighbouring parish/town council’s area.

  • Unincorporated groups. The membership must include at least 21 local people who appear on the electoral roll within Dudley borough, or a neighbouring local authority area. The group must not distribute any profits it makes to its members.

  • Neighbourhood forums. A body designated as a neighbourhood forum as set out in section 61F of the Town and Country Planning Act 1990, added by the Localism Act 2011. There can only be one neighbourhood forum for an area. Existing community groups, civic societies and others can put themselves forward to be a neighbourhood forum. Prospective neighbourhood forums need to ensure they meet the conditions for designation set out in the legislation, for example a forum should have an open membership policy and seek to draw its membership from across the neighbourhood area and from different sections of the local community.

  • Community interest groups with a local connection. These must have one or more of the following structures:

  • A charity – companies whose activities benefit the community and who reinvest surplus made from trading back into the community (often called Social Enterprises);

  • A community interest company (a company which satisfies the requirements of Part 2 of the Companies (Audit, Investigations and Community Enterprise) Act 2004.
  • A company limited by guarantee that is non profit distributing which does not distribute any surplus it makes to its members, but is wholly or partly applied to the local authority area where the asset is based or to a neighbouring authority area;
  • An industrial and provident society (a body registered or deemed to be registered under the Industrial and Provide Societies Act 1965 which meets one of the conditions in section 1 of that Act) which is a non-profit distributing, it does not distribute any surplus it makes to its members, but is wholly or partly applied to the local authority area where the asset is based or to a neighbouring authority area.

Questions A5 on the nomination form

To nominate an asset of community value you need to clearly detail that your community organisation has a local connection to Dudley borough. You will need to demonstrate that your activities are wholly or partly concerned with the local authority area where the asset is based or within a neighbouring authority, which shares a boundary with the area in which the asset is located.

Section B: Information regarding the asset you wish to nominate

Questions B1 - B2 on the nomination form

In this section we require as much detail as possible about the asset you are nominating. We will make the information you provide regarding the type and location of the asset you are nominating publicly available on our website.

Nominated assets can be owned by anyone: they can be council owned or privately owned. They can be your local pub, shop, community centre for example.

When you describe the asset and provide a plan please give us as much detail as possible. You need to include the extent of the property you are nominating and include any additional areas such as car parking, access roads or small areas of grass. Please ensure your plan shows the location of the asset and a site plan with the boundaries of the asset clearly indicated and marked on. Please note that a plan whose quality makes it difficult to interpret, or whose information is ambiguous, may mean that the Council will be unable to proceed with the process of determination.

Questions B3 on the nomination form

We need to establish as much information as possible about the current owners and occupiers of the asset you are nominating. It is important that you provided us where possible of details of the current owner(s) as we will need to contact them to inform them that their asset has been nominated and give them the opportunity to comment.

We also need details where applicable of the current occupier(s) of the asset if it is different from the asset owner(s). It is important that we inform all people that may be affected if the asset is listed.

If you are aware of any other individuals or organisations that have a legal interest in the asset you must include this information. This may be for example a trust, leaseholder or freeholder who is not the current owner or occupier.

Section C: social wellbeing and social interest’s criteria

Questions C1 – C2 on the nomination form

In this section of the form you need to give us as much information as possible about why you feel the asset increases the social interest and social wellbeing of the local community. If the asset does not currently contribute to social interest or wellbeing but has done in the last 3 years you can still nominate the asset. We also need to know why you think it could realistically provide this in the future. Include information for example regarding how the asset is currently used, what activities take place there, which groups used in now, or have used it in the recent past (i.e. in the last 3 years)or intend to use it in the future.

Within the Localism Act the government defines an asset of community value as a building or land which in the council’s opinion:

  • Is at least partly within the local authority’s area
  • The actual current main use of the building or land furthers the social interests or social wellbeing of the local community and it is realistic to think that there can continue to be a main use which will further the social interests or social wellbeing of the local community (although not necessarily in the same way); or
  • In the recent past (i.e. in the last 3 years), the main use of the building or land furthered the social wellbeing of the local community and it is reasonable to think that within 5 years the building or land could be brought back into a use that would further the social interests or social wellbeing of the local community (although not necessarily in the same way as before)

‘Social interests’ include cultural, recreational and sporting interests.

‘Wellbeing’ is the things that people value in their life that contributes to them reaching their potential (economic, social or environmental)

Please note that any information provided in this section may be copied and passed to the owner(s) of the property concerned.

What happens next?

After receiving you application, the council will, within 8 weeks, make a decision on whether to accept or reject your nomination using the criteria set out within the Localism Act 2011. The council’s decision will be final, you do not have the right to appeal against this decision.

We will contact you direct if we have any questions or queries with your nomination. We are legally required to inform the asset owner and current occupants of your nomination. The owner(s) have the right to appeal against the decision to list their asset.

Additional help

Please read the frequently asked questions page for further information or visit the application page for further guidance if you wish to nominate an asset. If you require any additional information regarding the Community Right to Bid or if you have any questions you wish to ask before taking this further, you can contact us by emailing ACVenquiries@dudley.gov.uk . Alternatively, call Andy Wright – 01384 814147 or Diane Shenton - 01384 818191.