Eligible local organisations and groups, including town and parish councils, may nominate a building or parcels of land to be listed as an Asset of Community Value (an ACV) to help preserve it for the benefit of the community.
Powers set out in the Localism Act 2011 are useful to prevent important local assets, such as pubs, community centres, parks etc. from being redeveloped for other purposes such as for private housing.
The ACV regime operates by allowing local groups to bid for the listed asset when it is offered on the open market for sale so that it can continue to be used for the benefit of the community.
If you wish to nominate a building or parcel of land as an ACV you should refer to the Guidance Notes and the DCLG Community Right to Bid: Non-Statutory advice note for local authorities.
The Council reserves the right to reject repeated applications for the same building or parcel of land unless new evidence supporting any subsequent application is provided.
If your nomination is successful, the asset will be added to the list of AVCs in the document below.
If you require any further information, please email the Legal services team.
Right to bid nomination
If you would like to to register a right to bid, please complete the online form below.
NOTICE UNDER SECTION 95 OF THE LOCALISM ACT 2011: NOTICE OF RELEVANT DISPOSAL OF THE JOLLY GARDENERS PUBLIC HOUSE
On Wednesday 28 September 2022 the owner of the Jolly Gardeners Public House, 92-94 St. Lukes Road, Old Windsor, Windsor SL4 2QJ, being a property listed as an Asset of Community Value by the Council on Tuesday 26 July 2022, served notice upon the Royal Borough of Windsor and Maidenhead (“the Council”) under section 94(2) of the Localism Act 2011 (“the Act”) that it intended to make a relevant disposal of the property (“the Asset”).
Your attention is drawn to the following:
An interim moratorium period of six weeks is now triggered by the notification dated Wednesday 28 September 2022 which shall expire on Wednesday 9 November 2022. During this period a community interest group may submit a written request to the Council to be treated as a potential bidder for the Asset.
During the interim moratorium period, an owner of land listed as an Asset of Community Value can only dispose of the Asset to a community interest group. If no request is made by a community interest group before the expiry of the interim moratorium period, the owner is free to dispose of the Asset at the end of the six weeks period and no further moratorium will apply for the duration of the protected period. The protected period is the period of 18 months commencing on the Wednesday 28 September 2022, being the date on which notice of a relevant disposition was given to the Council.
If the Council receives written notification from a community interest group that it wishes to be treated as a potential bidder before the expiry of the interim moratorium period, a full moratorium period of six months beginning on Wednesday 28 September 2022 shall come into effect.
During the full moratorium period, an owner can continue to market the Asset and negotiate a sale, but they cannot exchange contracts or enter into a binding contract to exchange contracts in respect of the Asset except to a community interest group.
On expiry of the full moratorium period the owner can dispose of the Asset to whoever they choose.
A disposal of the Property which contravenes the provisions of the Act and the The Assets of Community Value (England) Regulations 2012/2421 (“the Regulations”) will be ineffective.
A community interest group is defined in regulation 12 of the Regulations.
It is important to note that after having requested to be treated as a potential bidder that there is no obligation for the community interest group to make an offer or to buy or acquire an interest in the Asset. It is also important to note that there is no right for the community interest group to buy or acquire any interest in the Asset and there is no obligation on the owner to dispose of the Asset to the community interest group on any terms.
Dated: Tuesday 4 October 2022
Head of Law
Royal Borough of Windsor and Maidenhead
St. Ives Road,