Assets of community value are buildings or other land nominated
under the Localism Act 2011 by a voluntary or community body with a
local connection and listed by the local authority because their
use is considered to further the social wellbeing or social
interests of the local community. They are given a number of
different forms of protection. This book provides guidance on the
interpretation and application of the relevant provisions. It sets
out both legal and practical guidance, drawing together in one
place the relevant principles from the Act, the accompanying
Regulations, other primary and secondary legislation, Government
guidance, the case law and elsewhere. It provides assistance to a
number of different groups: to those who wish to nominate a
building or other land for listing as an asset of community value,
to landowners who may wish to resist the listing of their property,
to local authorities who have to determine the nomination and
resolve any disputes, and to the professionals who advise them. The
first book to deal in detail with this area, Assets of Community
Value: Law and Practice: * offers in-depth guidance, saving much
time-consuming research * deals rigorously with the relevant legal
principles, drawing on other areas of law to offer suggested
answers to many unresolved questions * provides practical guidance,
firmly rooted in legal principle, for how to deal with many of the
issues which arise, some of which involve difficult points of law
and interpretation * addresses in detail the ever-increasing case
law of the First-tier Tribunal and Upper Tribunal in this area.
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Review This Product
A NEW BOOK ON A NEW AREA OF LAW
Fri, 10 Mar 2017 | Review
by: Phillip T.
A NEW BOOK ON A NEW AREA OF LAW
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Assets of Community Value (ACVs) constitute a relatively new and continually developing area of law. Introduced as part of the Localism Act 2011, they are a new invention. As Simon Adamyk, the author of this book explains, ACVs have no counterpart in common law and while their popularity, as well as their impact continues to increase, there has been very little literature written about them until now, with the publication of this detailed study from Wildy, Simmonds & Hill.
This then, is the first book to deal in detail with ACVs. So what exactly are they? Broadly, says the author, ‘ACVs are buildings, or other land nominated by a voluntary or community body with a local connection and listed by the relevant local authority because their use is considered to further the social wellbeing or social interest of the local community.’ Once a building or a parcel of land is listed, a number of protections come into play with consequences that can be complicated and far-reaching. It is not hard to predict that practitioners, particularly those advising local authorities, will rejoice at the publication of this book.
The list of properties listed as ACVs is a lengthy one, (over 3,000 and growing). Currently, pubs lead the list followed by other such amenities as community centres, libraries, shops, markets and swimming pools; in other words, any asset which if sold, or otherwise disposed of, would be considered a grievous loss to the community. Chapters on the procedures and legal requirements for inclusion on this list have prominence in this book, together with subsequent chapters on enforcement and appeals.
Logically structured and written in plain English,
here is a book that provides both legal and practical advice on every aspect of ACVs with the benefit of a wealth of references included in the extensive footnoting. A minutely detailed table of contents, sizeable index and numbered paragraphs throughout all insure easier navigation,
For both practitioners and researchers, as well as other interested readers, these features are real time savers.
Also note the tables of cases, statutes, statutory instruments and European material. There are eight appendices including the relevant sections of the Localism Act 2011.
This book will be of special interest to community groups or amenity societies wishing to list specific properties as Assets of Community Value. Conversely, owners of properties who wish to resist such a listing -- or their advisers -- will find the book indispensable.
The publication date is cited as at 2017.
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