MKC's Community Right to Bid
In line with the Localism Act (2011), the Council is required to maintain processes which give people the chance to bid, to buy, and to take over the running of public or private assets that are of value to the local community.
The Council is required to decide whether to approve such nominations and to maintain and manage lists of such assets in line with the statutory framework.
MKC’s experiences of RTB:
The Council has found that several themes emerged in the course of processing Right to Bid nominations, including:
- Site plans that are not prepared to Land Registry or Ordnance Survey standard (we are not permitted to modify a site plan)
- Case for listing the site not specific enough
- Queries or objections from land-owners or their representatives
o concerns over existing legal clauses
o suitability of the site as an ACV
- Other processes than RTB offering better ‘protection’ for a site
- Site being put up for auction before it could be listed as an ACV
The main rules which guide Right to Bid nominations:
- Only the community can nominate (section 89 of Localism Act)
- No consultation is required prior to listing
- Sites can be nominated as Assets of Community Value if:
o their actual use (not ancillary use) furthers the social well-being or social interests of the community and it is realistic to think this can continue
o they have been used “in the recent past” for the social wellbeing or social interest of the community and it is realistic to think they could be so used again in the next 5 years
- Social interest includes cultural, recreational, and sporting interests, but excludes residential premises and surrounding land, and “operational land” e.g. the Post Office, utilities, transport providers etc.
- Once listed, the owner will be able to dispose of the site at any time so long as it is to a “community interest group”, meaning a Parish Council, or a body with a “local connection” e.g. a company limited by guarantee which is non-profit distributing, a co-operative or community benefit society which is non-profit distributing, a Community Interest Company, or a Charity.
Useful Government guidance (prepared by the Department for Communities and Local Government) can be found in the list of links on the left of this page, along with a nomination form for those interested in making a submission in the Community Right to Bid process.
Please note that the Community Right to Bid is not aligned with the idea of Community Asset Transfer, of which more information can be found here.