Decision Details

To refresh the delegated authority in relation to decisions on nominations of land or property to be considered and listed as an Asset of Community Value in accordance with the Localism Act 2011.

On 23 June 2020, Cabinet:

1. Approved the following delegations, replacing the existing 2013 Cabinet delegations, in order to make the decisions and better comply with the local authority statutory duties in relation to ACV listing nominations and the Community Right to Bid for an ACV in accordance with the Act;

    

2. Delegated authority to the Director of Neighbourhoods to make the final decision on a whether to list or not list an ACV in consultation with the Leader and following a recommendation from the ACV Panel comprising of cross-directorate senior officers as set out in the ACV listing process in Appendix 2 to the report;

    

3. Delegated authority to the Assistant Chief Executive to determine the outcome of ACV listing decision review which can be made by a landowner who objects to an ACV listing of its property in accordance with the Act;

    

4. Delegated authority to the Assistant Director of Property to determine compensation claims payable to a landowner in connection with the listing of land as an ACV under the Act as set out in section 7.3 of the report and at Appendix 3 to the report, the right of the owner to claim compensation for loss arising from ACV listing;

    

5. Delegated authority to the Assistant Chief Executive to undertake a review of an ACV compensation claim decision made under paragraph (v) which can be made by the landowner in accordance with the Act;

    

6. Agreed to utilise any year end underspends on Neighbourhoods Development Support Unit (NDSU) to establish an ACV earmarked reserve to help address any future claims for compensation referenced in paragraphs (v) above and (vi) as well as any related ACV work;

    

7. Delegated authority to the Chief Executive to appoint alternative officers to discharge the duties in (iii), (iv) and (v) above if those posts cease to exist.

“The Deputy Monitoring Officer advised that this report is subject to call-in”