Localism Act 2011

89Procedure for including land in list
This section has no associated Explanatory Notes

(1)Land in a local authority’s area which is of community value may be included by a local authority in its list of assets of community value only—

(a)in response to a community nomination, or

(b)where permitted by regulations made by the appropriate authority.

(2)For the purposes of this Chapter “community nomination”, in relation to a local authority, means a nomination which—

(a)nominates land in the local authority’s area for inclusion in the local authority’s list of assets of community value, and

(b)is made—

(i)by a parish council in respect of land in England in the parish council’s area,

(ii)by a community council in respect of land in Wales in the community council’s area, or

(iii)by a person that is a voluntary or community body with a local connection.

(3)Regulations under subsection (1)(b) may (in particular) permit land to be included in a local authority’s list of assets of community value in response to a nomination other than a community nomination.

(4)The appropriate authority may by regulations make provision as to—

(a)the meaning in subsection (2)(b)(iii) of “voluntary or community body”;

(b)the conditions that have to be met for a person to have a local connection for the purposes of subsection (2)(b)(iii);

(c)the contents of community nominations;

(d)the contents of any other nominations which, as a result of regulations under subsection (1)(b), may give rise to land being included in a local authority’s list of assets of community value.

(5)The appropriate authority may by regulations make provision for, or in connection with, the procedure to be followed where a local authority is considering whether land should be included in its list of assets of community value.