PART 5

Community empowerment
CHAPTER 3

Assets of community value

List of assets of community value

Review of decision to include land in list
92
1
The owner of land included in a local authority's list of assets of community value may ask the authority to review the authority's decision to include the land in the list.
2
If a request is made—
a
under subsection (1), and
b
in accordance with the time limits (if any) provided for in regulations under subsection (5),
the authority concerned must review its decision.
3
Where under subsection (2) an authority reviews a decision, the authority must notify the person who asked for the review—
a
of the decision on the review, and
b
of the reasons for the decision.
4
If the decision on a review under subsection (2) is that the land concerned should not have been included in the authority's list of assets of community value—
a
the authority must remove the entry for the land from the list, and
b
where the land was included in the list in response to a community nomination—
i
the nomination becomes unsuccessful, and
ii
the authority must give a written copy of the reasons mentioned in subsection (3)(b) to the person who made the nomination.
5
The appropriate authority may by regulations make provision as to the procedure to be followed in connection with a review under this section.
6
Regulations under subsection (5) may (in particular) include—
a
provision as to time limits;
b
provision requiring the decision on the review to be made by a person of appropriate seniority who was not involved in the original decision;
c
provision as to the circumstances in which the person asking for the review is entitled to an oral hearing, and whether and by whom that person may be represented at the hearing;
d
provision for appeals against the decision on the review.
S. 92 in force for specified purposes at Royal Assent see s. 240(5)(f)
S. 92 in force at 21.9.2012 for E. by S.I. 2012/2420, art. 2
Pt. 5 Ch. 3: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)