Post decision guidance
If we decide to include the property in the list of assets then there is a statutory right to request a review of that decision.
The period for a request for a review of the decision must be made in writing to us within eight weeks of the date on which the owner of the property receives notification from us of the decision to include the property on the list of assets.
A review of the decision will be conducted by a panel of senior officers of the Council who were not involved in the original decision to include the property on the list.
As part of the review process owners will have the opportunity to make representations to us, in writing or orally, in support of the reason the review is sought.
Appeal of the Review
If owners of property included in the list of assets are not satisfied with the outcome of a review then there is a further opportunity to review that decision by way of an appeal to the General Regulatory Chamber of the First- Tier Tribunal.
This appeal must be made within 28 days of the date on which notice of the outcome of the review is sent out by us.
Throughout both the review and the appeal process, the property will remain on the list of assets and the restrictions outlined above and will continue in effect until such time as there is a decision of either body to have the property removed from the list.
Compensation
An owner of an ACV which is included on the list of assets has the right to apply to us in order to request compensation in respect of losses which are incurred as a direct result of:
- the interim moratorium period;
- the full moratorium period;
- an appeal to the First Tier Tribunal in respect of either an appeal against a review decision or an appeal against a compensation award.
Any claim for compensation must be made in writing to us within 13 weeks from whichever is the earlier of:
- the end of the interim moratorium period;
- the end of the full moratorium period; or
- the date on which the asset ceases to be included on the list of assets.
There is no prescribed time limit within which we must respond to a request for compensation from the owner of an asset.
Review of Compensation Decision
The owner of an ACV has the right to apply to us to seek a review of the decision made in relation to an application for compensation.
A request for a review of a compensation decision must be made in writing to us within eight weeks of the date on which the owner received notification of the decision made.
The review will be conducted by a panel of senior officers of the Council who were not involved in the original decision on compensation.
The owner of an ACV has the right to make representations to the review panel and may do so in writing or orally. The owner also has the right to appoint a representative to conduct the review on their behalf.
Appeal of Compensation Review
If owners of property included in the list of assets are not satisfied with the outcome of a review of a compensation decision then there is a further opportunity to review that decision by way of an appeal to the General Regulatory Chamber of the First-Tier Tribunal.
This appeal must be made within 28 days of the date on which notice of the outcome of the review is sent out by us.
For more information, please refer to:
the Assets of Community Value Regulations 2012
the Community Right to Bid: Non-Statutory advice note for local authorities