Owner of an asset
The Localism Act states that the "Owner" means the freehold owner, unless there are one or more leasehold interests in the land whose original term was at least 25 years. In that case the owner will be the person holding the leasehold estate; if more than one leasehold estate exists, it will be the one most distant from the freehold in terms of the number of intervening leaseholds.
Owning an asset that has been listed
If you own a building or land that is added to the list of assets of community value, this may need to be taken into consideration if you apply for planning permission that affects the asset. Apart from this, nothing will be affected until you wish to dispose of the asset, in which case you must notify the local authority in writing.
The council will notify the community organisation that nominated the land or building, and publicise within the local area a notice of your intention to dispose of the asset. This triggers the moratorium and bid process.
The appeal process - owner of an asset
The owner of an asset has the legal right to ask the local authority to review their decision to list it. This request must be made in writing within eight weeks of receiving the council’s notification to list the asset.
Any requests of this nature should be sent to ACVenquiries@dudley.gov.uk
The council will acknowledge receipt of the request and advise of the procedure to be followed in connection with the review. The review will be undertaken by a senior officer independent of the original decision making process.
The owner may request an oral hearing and may appoint any representative to act on their behalf in connection with the review. Where no request for an oral hearing is made by the owner, the council will decide whether or not an oral hearing would be beneficial to the review process. The owner, or their representative, may make written and oral representation to the reviewer.
The review process will be completed within eight weeks of receipt of the written request for the review, or a longer period where this has been agreed with the owner.
The local authority will notify the owner in writing of the outcome of the review. Where the review concludes that a change to the listing is required, the council will also notify:
the occupier of the land (if not the owner)
where they are not the owner, the holder of the freehold estate and the holder of any leasehold estate
the ward councillor/s for the area
The council will adjust the list of assets of community value and advise the Land Registry accordingly.
If the owner remains dissatisfied with the outcome of the internal review, they may appeal to the general regulatory chamber of the First Tier Tribunal against the decision on the listing review.
Appeals should be sent to:
Community Right to Bid Appeals
HM Courts and Tribunals
First Tier Tribunal (General Regulatory Chamber),
PO Box 9300
or via email to: GRC.CommunityRights@hmcts.gsi.gov.uk
An owner of a listed asset may be entitled to claim compensation for loss or expense incurred as a direct result of the listing. A claim must be made in writing to the local authority by the end of the thirteen weeks after the loss or expense was incurred. The owner should state the amount of compensation sought and include supporting evidence.
Claims should be sent to The Director of Corporate Resources, Council House, Dudley, DY1 1HF