The Localism Act (LA) describes an asset of community value as ‘a building or other land in a local authority’s area is land of community value if in the opinion of the authority –
- An actual current use of the building or other land that is not an ancillary use furthers the social wellbeing or social interests of the local community, and
- It is realistic to think that there can continue to be non-ancillary use of the building or other land which will further (whether or not in the same way) the social wellbeing or social interests of the local community.
Buildings or other land can also be considered as an asset of community value if:
- in the recent past they have furthered the social wellbeing or interests of the local community and
- The use of the building or land that was not an ancillary use and it is realistic to think that within the next five years it would further the social wellbeing or interests of the local community
The LA 2011 and associated regulations do not define ‘social wellbeing’ or ‘recent past’, although “social interests” is described in the LA 2011 as including cultural, recreational and sporting interests. Therefore ECDC will consider each nomination on a case-by-case basis, using widely accepted definitions as guidance.
Examples of land which is not of community value and therefore may not be listed could be:
- residential properties and land connected to a residential property
- caravan sites
- operational land as defined in section 263 of the Town and Country Planning Act 1990