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Application for land to be registed as an 'Asset of Community Value'

(10 Posts)
Redhound Tue 30-Aug-16 14:27:24

Any ideas: I have just had one of these slapped on my field! Apparently it gives the local council first refusal to buy!? They had approached me before about selling the field but I declined. I have been involved in local government and property but this is a new one on me! Should I be worried? Thanks

cujo Tue 30-Aug-16 15:06:16

I would guess this is part of the neighbourhood plan? To be honest I'm somewhat surprised by the ability to do this to a bit of land that is in private ownership but it is an actual thing and can be done.

Its really that the community is concerned about excess development in an area that is sensitive to a village/area.

I would contact your local planning office to find out more (as they will have granted it) but in theory if you wanted to sell to a developer for 500k then you would be obliged to offer it to your council first refusal. You wouldn't be obliged to sell it at a lesser price for example (as I understand it)

WeAreEternal Tue 30-Aug-16 15:14:23

Are you planning on building on the field or changing it in some way?

An asset of community value application/order is usually placed on land/property which is considered to have importance to the local community, the order provides protection from development.
The order can give compulsory purchase rights to the local authority if they believe that the land/property is under threat of loss to the community, so if you are planning on building on the land and the land is currently being used as a community space they could stop you from building/changing the current use of the land or even force you to sell.

whatsthecomingoverthehill Tue 30-Aug-16 15:32:40

Is the land being used by the community at all?

Redhound Wed 31-Aug-16 00:14:01

The land is rented out for grass keep and I have never applied for planning on it. The council wanted it for a playground but only offered bare agricultural value for it. Thanks for the replies.

Redhound Wed 31-Aug-16 00:18:35

To clarify it has never been used as a community space just for a farmer's cattle to graze on! So this seems rather odd!

origamiwarrior Wed 31-Aug-16 07:28:52

Does it have footpaths through it?

We had something similar in the village I used to live in, although I'm not sure of the ownership history of the land. I believe the land was in private ownership (grazed) but the locals had been picnic'ing and sledging on the land for centuries, so it had one of these orders made, and was bought by the village to preserve it for future sledgers.

whatsthecomingoverthehill Wed 31-Aug-16 09:19:36

I would be objecting to the listing on the grounds that they have not shown that it is of community value. ACVs are meant to be for property that is or has been used by the community, not for something that could be of use for the community. It sounds incredibly dubious that they have listed it like this. I'm sure there would be plenty of people interested in a council misusing this legislation...

Redhound Thu 01-Sep-16 20:24:22

Thanks for the further replies. Origami there is a footpath, but the field has never been used for anything else, no sledging or anything! Some bordering property owners did cheekily (to put it politely) put gates in their hedges so they could have access to the field in addition to the path, but this was put a stop to years ago (with a strong wire fence). I think it must be related to the playground request, due to the timing.
That is helpful whatsthe; I think I will do this. I am very indignant as I hadn't totally discounted a playground deal before but I certainly have now!

Redhound Thu 01-Sep-16 20:26:16

Thanks for the further replies. Origami there is a footpath, but the field has never been used for anything else, no sledging or anything! Some bordering property owners did cheekily (to put it politely) put gates in their hedges so they could have access to the field in addition to the path, but this was put a stop to years ago (with a strong wire fence). I think it must be related to the playground request, due to the timing.
That is helpful whatsthe; I think I will do this. I am very indignant as I hadn't totally discounted a playground deal before but I certainly have now!

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