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Planning Public Access will be temporarily unavailable on Monday 9th and Tuesday 10th December 2019 due to system upgrade. | December 9, 8:53 am

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        Community right to challenge and bid

        Under the Localism Act, there are two new rights available to local people. The first; right to challenge, gives local people the opportunity to become more involved in running local services, and the second; right to bid, gives local communities greater ability to protect local buildings and land that are valued as community assets.

        Community Right to Challenge

        The ‘Community Right to Challenge’ is the new Community Right under the Localism Act 2011 which allows ‘Relevant Groups’ voluntary, neighbourhood and community groups, charities, parish councils, and local authority staff to challenge to run local authority services where they believe they can do so differently and better, demonstrating value for money and social benefits.

        Successful challenges can trigger a decision to seek prices to deliver the service on the open market. This process provides an opportunity for communities to help shape local services for the local community, but does not mean that the organisation that challenges will be successful in running the service. This is because once a challenge is successful the running of a service will be open to competition from the public, community and private sector.

        Before you apply, use this pre-completion expression of interest (EOI) checklist.

        This checklist is provided to ensure that potential submission/s meet key criteria from the outset, which we hope will not only assist applicants, but ensure the process is both effective and efficient in saving time and effort.

        1) The submitting organisation/individuals meet the relevant body Criteria

        Should you answer “No” to any of the questions listed, this may indicate that you do not meet minimum criteria or that there are likely to be shortcomings that need addressing prior to submitting an expression of interest.

        2) The expression of interest will be submitted within the time period 1st July – 31st July as specified by the council

        3) The geographical location and service to be delivered to be contained in submission is identified and clearly scoped

        4) Financial capacity can be evidenced sufficient to delivery service upon which bid is based

        5) If successful, the relevant body has capacity to participate in a procurement exercise

        6) The relevant body is able to demonstrate they have sufficient resources and experience to deliver the service

        7) The relevant body understands that a successful EOI does not give the relevant body the right to delivery service and acknowledges that this will be subject to a competitive procurement exercise in the open market procurement exercise in the open market

        8) The relevant body can identify within their service delivery model, community and social benefits and demonstrate value for money, as part of a competitive tendering process

        9) The relevant body understands that surplus profit achieved from service delivery over and above meeting overheads of the business, are to be reinvested to sustain and improve service benefits to the Community

        You are ready to complete an Expression of interest application

        If you require assistance or further clarification please contact the Procurement Unit, Tel no. 01843 577112 who will be able to identify the appropriate officer to assist with your enquiry.

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        Community Right to Bid

        Community Right to Bid is part of the Localism Act and its aim is to give local communities’ early warning of the sale of land and buildings they have identified as having community value to enable them to bid to buy them.

        It requires the council to maintain a list of buildings and other lands in its area which are of community value, and ensures that when such land is sold local groups will have the opportunity to delay the sale to enable them to prepare a bid to buy it.

        Community Right to Bid does not restrict who the owner of the listed asset sells to, the price the owner sells at or what the owner can do with the property once listed.

        Getting an asset listed

        Parish councils and local voluntary and community bodies can nominate local land and buildings to be included in the List of Assets of Community Value.

        For an asset to be listed, the nominee has to demonstrate that its main use now, or in the recent past (usually within the last 5 years) contributes to the social wellbeing or cultural, recreational or sporting interests of the local community – and that this use will continue.  Examples could include:

        • village shops,
        • pubs,
        • community centres and playing fields.

        Buildings used as private residences, offices and areas which haven’t had public access will not be included.

        The council has produced guidance notes to help communities interested in nominating an asset. A nomination has to contain certain information, so a nomination form has been produced to ensure submissions comply with the requirements, please use it.

        The District Council considers each submitted nomination form and supporting evidence and decides whether the asset is and/or will be of ‘community value’ and therefore should be listed.  This can take up to 8 weeks and during this time the parish council, ward councillors, owners, leasers, occupants and people with a legitimate interest will be informed of the request to list.

        When an asset is listed some restrictions on the owner come into force; when the owner decides to sell the asset they must inform Thanet District Council and an initial period of 6 weeks is provided to allow a community interest group (charity or body with a legal identity of their own separate from members) to register an interest in making a bid to purchase the asset.

        If the community decides not to submit a bid, then the owner is free to dispose of the asset on the open market. When an interest to bid is registered the asset can not be sold for 6 months. This 6 months moratorium period starts from the date the owner informed the council they want to sell the asset. This time gives the group an opportunity to develop a proposal and raise the finance to bid for the asset. During the moratorium period the asset can not be disposed of unless to the community group.

        It’s important to note that the listing serves only to give a window of time for groups to prepare to bid alongside other potential buyers.  The sale takes place under normal market conditions and the owner is under no obligation to sell to the community group.  Equally, community groups which have registered an interest to bid are under no obligation to purchase.

        If the owner does not receive a bid from the community or does not accept the offer during the 6 months moratorium period then the owner is free to dispose of the asset on the open market for a further 12 months, at the end of which the whole process begins again, if the property has not been sold.

        Other sources of information and advice:

        1. The legislation website has the legal documents. The explanatory memorandum to the regulations (No. 2421) is a good place to start.

        2. HM Government Community Rights website has case studies and outlines the process and the steps a community group will need to do to take advantage of the legislation.

        3. Locality is an independent national network of community-led organisations that is a source of advice and publications for community and local groups, including the publication To Have and to Hold, The Development Trusts Association guide to asset development

        4My Community Rights website has support and advice on Community Right to Bid and asset transfer, plus possible grants. It is run by Locality.

        5Asset Transfer Unit, delivered by Locality, has guidance on how to take assets and land into community ownership and run them successfully. The guidance covers: getting started, getting investment ready, taking a stake in an asset, property development and property management.

        6. The Charity Commission is a source of information on setting up and running charities. The model governing documents are a good model for constitutions.

        7. Land Registry is a source of information on who owns property and maps of the property.

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        Assets of Community Value

        The Community Right To Bid Act requires assets of community value to be publicly listed.

        Examples of assets of community value could be pubs, shops, libraries and community facilities, although not every example of these facilities will qualify. A shop in Broadstairs High Street would not be considered to further the community’s social wellbeing or interests in the same way as a single shop in a small village.

        Properties registered as assets of community value in Thanet

        ReferenceDate nomination requestedDate of DecisionName of AssetAddress of AssetInterim moratorium period – start & finishFull moratorium period if startedapproved or Refused
        ACV/19/GT01-Jul-1901-Oct-19Granville Theatre
        Victoria Parade, Ramsgate, CT11 8DG
        Approved
        ACV/19/HC(MH)28-Feb-1910-Sep-19Hilderstone College, English Studies Centre, Memorial Hall and adjacent Old Stable Building
        14-16 St Peters Road, Broadstairs, CT10 2JW
        Approved
        ACV/18/MM9-Jul-183-Sep-18Margate Museum
        Market Place, Margate, CT9 1ER
        Approved
        ACV/18/TB17-May-1812-Jul-18The Boathouse
        Harbour Street, Broadstairs, CT10 1EU
        9 Aug 2019 – 20 Sept 2019Approved
        ACV/18/SSG18-Apr-201813-Jun-18Spencer Square Gardens
        Ramsgate, CT11 9LA
        Approved
        ACV/18/SJH5-Feb-1827-Mar-18St James Hall also known as Old School Hall
        Garlinge High Street CT9
        Notification of Disposal of Asset has been received. Start 23 Sept 2019 – End 3 Nov 2019Approved
        ACV/17/WUC6-Nov-17 8-Dec-17Western Undercliffe Cafe
        Royal Harbour Approach RoadRamsgate CT11 0NQ
          11 December 2017 – 22 January 2018 Approved
         ACV/17/WP30-Nov-1607-Aug-17Westgate Pavilion44 Sea Rd, Westgate-on-Sea CT8 8QW 11 December 2017 – 22 January 2018

         

         Approved
        CB/TH/15/007 2 December 2015 27 January 2016The Clock HousePier Yard, Royal Harbour, Ramsgate, CT11 8LS Approved
        CB/TH/16/00130-Jun-16 17 August 2016Montefiore Arms Public House1 Trinity Place, Ramsgate
        CT11 7HJ
         Approved
        CB/TH/15/00624-Jul-1518-Sep-15Walmer Castle Public House39 Canterbury Road, Westgate 0n Sea, Kent 2 November 2015 – 14 December 2015No expressions of interest received. No further moratoriums until 2 May 2017Approved
        CB/TH/15/00413-May-1506-Jul-15Zion Cemetery (Countess of Huntingdon’s Burial Ground)Addington Square, Margate, KentApproved
        CB/TH/15/00323-Apr-1505-Jun-15Hartsdown Skate ParkHartsdown Park, All Saints Avenue, Margate KentApproved
        CB/TH/15/00222-Apr-1505-Jun-15Ethelbert Crescent Putting GreenEthelbert Crescent, Margate, KentApproved
        CB/TH/15/00130-Mar-1521-May-15Cliffsend Recreation GroundFoads Lane, Cliffsend, Ramsgate, KentApproved
        CB/TH/14/00919-Dec-1419-Jan-15Newington CopseMelbourne Avenue, Ramsgate (Woodland adj. former Newington Infants School)Approved
        CB/TH/14/00816-Dec-1419-Jan-15Thanet Bowls Club & Montefiore Tennis CourtsMontefiore Avenue, Ramsgate CT118BDApproved
        CB/TH/14/00708-Sep-1429-Oct-14Vale SquareVale Square, Ramsgate CT11 9BX12 March 2018 – 23 April 2018No qualifying bids submittedApproved
        CB/TH/14/00603-Sep-1428-Oct-14Foresters HallMeeting Street, Ramsgate, CT11 9RT  11 December 2017 – 22 January 2018Approved

        Nominations not registered as assets of community value in Thanet

        ReferenceDate nomination requestedDate of DecisionName of AssetAddress of Asset Decision
        ACV/19/PB-48-50AR4-Feb-1921-Mar-19Pettman Building
        48-50 Athelstan Road, Cliftonville, Margate, CT9 2BH
        Not approved
        ACV/18/HLC/315-Oct-201825-Feb-2019Hartsdown Leisure Complex (Unit 3)Hartsdown Road, Margate, CT9 5QXNot approved
        ACV/18/18HR20-Aug-20186-Sept-2018Hartsdown Leisure Complex (Unit 3)Hartsdown Road, Margate, CT9 5QXNot approved
         CB/ACV/17/CP 9 October 20174 December 2017Chapel Place Gardens Not approved
        CB /TH/16/00219-Sep-1614 November 2016Dreamland Park, Margate, 49-51 Marine Terrace, Margate
        CT9 1XJ
        Not approved
        CB/TH/15/00529 May 201516 July 2015The Lido Leisure CentreEthelbert Terrace, Margate,Kent CT9 1RXNot approved
        CB/TH/14/0028 April 201420 June 2014Fire StationEffingham Street, Ramsgate, Kent CT11 9ATNot approved
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