[2025] UKUT 051 (AAC)

S.87 of the Localism Act 2011 provides (so far as material) that

“(1)

A local authority must maintain a list of land in its area that is land of community value.

(2)

The list maintained under subsection (1) by a local authority is to be known as its list of assets of community value.

(3)

Where land is included in a local authority’s list of assets of community value, the entry for that land is to be removed from the list with effect from the end of the period of 5 years beginning with the date of that entry (unless the entry has been removed with effect from some earlier time in accordance with provision in regulations under subsection (5).

…”

Once placed on such a list, the statutory regime imposes a moratorium when there is an intention to dispose of the listed asset and holds up the disposal for a period giving local community groups the opportunity to organise a bid for the asset. Before being listed as an ACV, the particular asset must satisfy the qualifying criteria set out in s.88 of the 2011 Act which provides that (so far as relevant):

“88 Land of community value

(1)

For the purposes of this Chapter but subject to regulations under subsection (3), a building or other land in a local authority's area is land of community value if in the opinion of the authority—

(a)

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

(b)

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.

(2)

For the purposes of this Chapter but subject to regulations under subsection (3), a building or other land in a local authority's area that is not land of community value as a result of subsection (1) is land of community value if in the opinion of the local authority—

(a)

there is a time in the recent past when an actual use of the building or other land that was not an ancillary use furthered the social wellbeing or interests of the local community, and

(b)

it is realistic to think that there is a time in the next five years when there could be non-ancillary use of the building or other land that would further (whether or not in the same way as before) the social wellbeing or social interests of the local community.

…

S.89 goes on to provide that (so far as relevant in this case) land may only be listed by a local authority in response to a community nomination.