Once we receive the completed form, we have eight weeks to decide to list the asset or not. In making this decision, we will seek information from the owner and ward councillors (to verify if the proposed asset meets the necessary statutory criteria). If the nominated asset is properly nominated, is in Surrey Heath, meets the definition, and is not excluded, we must list it and inform all relevant parties. We must also place the asset on the local land charges register and, if the land is registered, apply for a restriction on the land register. If we do not agree that the nominated asset meets the definition, or it is in one of the excluded categories, we must place it on a list of assets nominated but not listed.
The owner's right to object
When a property is nominated as an asset of community value, we will inform the owners and give them the chance to comment on the validity of the nomination. If we then register their property as an asset, they have the right to ask us to review the decision to list. They must ask for a listing review in writing within eight weeks of the notice of listing. The property will remain on the list while we carry out the review. The review will be carried out by the Chief Executive, who was not involved in the original decision to list. The owners can make representation to the reviewer and we must complete the review within eight weeks (unless otherwise agreed). The owners and the council will bear their own costs of the review.Please note: only the owners have the right to ask for a review of a decision to register an asset. There are no rights for others to ask for us to review the decision to list or not to list.
The owner's right to appeal
If the owners are not satisfied with the outcome of our review, they then have the opportunity to appeal. They must appeal the to the General Regulatory Chamber of the First-Tier Tribunal within 28 days from the date that we sent the notice of the outcome of the review to the owner. Their address is:
Community Right to Bid Appeals
HM Courts and Tribunals
First-tier Tribunal (General Regulatory Chamber)
PO Box 9300
Leicester, LE1 8DJ
The property remains listed during the appeal process.