Is Asset of Community Value Status a Material Planning Consideration?

Confusion has existed over this point.  Although ACV guidance from teh government said it was many lawyers and practitioners have said the government cant change the law on this.  Today the DCLG select asked for clarification.

The argument (in my head) goes as follows:

-ACVs are adaptations of the legal principle regarding restricting sales of artwork overseas whilst local bids are prepared.  It is a property law issue not a planning law one.

-If an ACV is listed one of three things can happen:

-The pub etc. can be demolished – asset no longer exists so cant be protected.  Appeals have upheld this point.  Loophole soon to be closed by government, but in the event not material.

-The community group cant put forward a bid, so not material as no viable ACV use

-The community group put forward a bid and the site is sold, ACV status no longer relevant.

So its materiality never falls to be considered.

The materiality is the existence of a viable bid showing retention viable not the ACV status itself.  The problem is applications forced through in the six month breathing period, the simple solution, change the law to allow such applications to be turned away without consideration in those six months.

 

2 thoughts on “Is Asset of Community Value Status a Material Planning Consideration?

  1. It will definitely be a material consideration if the proposed protections (removal of PD) for ACV pubs come forward.

    At the moment, that fact that a community group as identified a facility / asset and had it registered as an ACV could have some weight when one is considering impact of the loss of the asset? Simply as an indication that the asset is valued by the community?

  2. Without any doubt in my mind the right to bid is being misused and is being used as a right to block the perceived evils of a change of use of the public house !
    The qualifying criteria ( basically 21 signatures) could be cobbled together by my a small child with unsuspecting locals signing a petition that is placed before them without really understanding what they have signed.
    I am of course only referring to those pubs that are underused by the local population and have failed to turn a profit for years
    Without even a rose tinted notion of ever bringing forward a credible business plan to finance a right to bid on an unviable public house the local authority duly administers a tick box exercise and bingo any change of use will be resisted siting its listing as an ACV
    Meanwhile the pub is trapped in its use boarded up , unable to turn a profit slowly rotting in the street scene, a lose lose situation in any ones book .

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