Assets Of Community Value: Compensation claims and review procedures

Procedures for making claims and review of decisions on Assets of Community Value under the Localism Act 2011.

Localism Act 2011 Assets of Community Value compensation claims procedure

Procedure on review of decisions of the council under Part 5 Localism Act 2011 (Assets Of Community Value)

 

Localism Act 2011 Assets of Community Value compensation claims procedure

1. Claim checked to ensure:

a. Written claim received within 13 weeks of loss or expense incurred or finished being incurred.

b. The claimant is the owner of the land

c. Claim states the amount of the claim in respect of each part of the claim

d. Accompanied by supporting evidence

 

2. Claim rejected if all 4 parts of 1. above are not met (this does not prevent the claimant submitting a fresh claim in respect of the same matter which does comply fully with 1. above).

 

3. If the claim is valid the Assistant Director - Planning and Building Control writes to the owner stating:-

a. Whether the council agrees to pay compensation

b. If so the amount of compensation to be paid

c. The reasons for the decisions in a. and b. above

d. The right of the owner to request a review of such decisions in writing within 8 weeks beginning with the date that the council provides the owner with written notification of its reasons for its decision or within such longer period as the council may in writing allow.

 

4. A review will be carried out by the Director of Public Services, the Assistant Chief Executive - Legal or by the Chief Executive. The Chief Executive shall be responsible for determining which of these officers shall carry out the review. It is a requirement that the officer carrying out the review shall not have had any part in the making of the decision which is the subject of the review.

 

5. Upon receipt of a request for a review the Personal Assistant to the Chief Executive shall write to the owner enclosing a copy of the procedure for review;stating the date upon which the request for the review was received by the council and the identity of the officer who will carry out the review

 

Procedure on review of decisions of the council under Part 5 Localism Act 2011 (Assets Of Community Value)

1. In this procedure:

a. "Commencement date" shall mean the date upon which the council receives a request to review a decision.

b. "Owner" shall mean the owner of land listed as being an asset of community value who has applied for a review of the decision to include his or her land in the list of such assets or of a decision not to pay compensation or as to the amount of compensation to be paid under the Regulations

c. "Regulations" shall mean the Assets of Community Value (England)

Regulations 2012

d. "Representative" shall mean any person(whether legally qualified or not) appointed by the Owner to act on his or her behalf in connection with the review.

e. "Review Date" shall be the date upon which any oral hearing (whether requested by the Owner or otherwise) or (in the event that an oral hearing will not be held) the date upon which the review will be considered on the papers

 

2. Where the Owner appoints a Representative any documents required to be sent to the Owner by the council (whether under the Regulations or this procedure) shall be sent to the Representative and not to the Owner

 

3. The Owner has the right to request an oral hearing. Such request must be made by the Owner or the Representative within 3 weeks of the Commencement Date

 

4. Between 3 and 4 weeks of the Commencement Date the officer conducting the review shall consider the file and:-

a. in the event that the Owner has not requested an oral hearing shall determine whether to include an oral hearing in the review process in any event

b. shall write to the Owner and the Assistant Director - Planning and Building Control notifying them of the Review Date, the time at which the review will be carried out and whether the review will include an oral hearing

c. invite the Owner and the Assistant Director - Planning and Building Control to make any further written submissions no later than 5 working days before the Review Date such submissions by the Owner to be sent to the Assistant Director - Planning and Building Control and such submissions by the Assistant Director - Planning and Building Control to be sent to the Owner at the same time

 

5. In the event of there being an oral hearing at the review the officer conducting the same shall:-

a. invite the Owner or the Representative to open the case, tender any evidence and make representations

b. invite the Assistant Director - Planning and Building Control to respond

c. invite the Owner or the Representative to make closing submissions

d. if possible give an oral decision with regard to the review at that stage with brief reasons and in any event to give a written decision with full reasons within 8 weeks of the Commencement Date.

 

6. In the event of there not being an oral hearing at the review the officer conducting the same shall:-

a. consider any written representations made by the Owner or the Representative and the Assistant Director - Planning and Building Control

b. consider any evidence submitted by any party in support

c. give a written decision with full reasons within 8 weeks of the Commencement Date

 

April 2013

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