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Important: Updates to North East Lincolnshire Council’s website

Localism

The Localism Act

The Localism Act aims to transfer power from central government and hand it back to local authorities and communities – giving them the freedom and flexibility to achieve their own ambitions.

For more information read the Government’s Plain English guide to the Localism Act . Different parts of the Act will come into effect at different times.

The five key measures included within the Act cover community rights, neighbourhood planning, housing, empowering cities and other local areas and the general power of competence.

The main measures of the Localism Act fall within four headings:

  • new freedoms and flexibilities for local government
  • new rights and powers for communities and individuals
  • reform to make the planning system more democratic and more effective
  • reform to ensure that decisions about housing are taken locally

The Localism Act has introduced new rights and powers for communities and individuals.

Community right to bid

The Right to Bid gives communities a right to identify a property that is believed to be of social or community value and gives them a fair chance to make a bid to buy the property on the open market if the property owner decides to sell. Currently only eligible community groups, local parish councils or local neighbourhood planning forums and charities can nominate.

Once we have received the completed form, we will consider and check the eligibility of the nomination and if we feel the property does have community value it will be added to the ‘List of Assets of Community Value’. Assets will remain on the list for five years and a land charge will be registered against the property. We aim to assess nominations within eight weeks of receipt.

You will be advised that the property has been listed and the date in five years’ time when it will be removed. When the five years have expired you can submit a new nomination.

If we decide to list a property, the property owner can ask for a review and there will be a process for an appeal to an independent body. Further guidance will be provided in a letter to the property owner.

We will notify the nominee should the nomination be ineligible and provide an explanation as to why it was unsuccessful. In such circumstances the property will be added to the list of ‘Land Nominated by Unsuccessful Community Nominations’ and will remain on the list for five years.

Nominees are not able to appeal the decision made in respect of the property however, a complaint can be made, if you feel we have not followed the correct procedure, through the council’s complaint procedure.

It is important that your community group is eligible to nominate, you can only do this if you answer yes to the two questions below:

  • Do you have a local connection to the property you are wishing to nominate? and;
  • Are you an unincorporated community group with at least 21 members who are registered to vote in the North East Lincolnshire area, a parish council, charity, industrial & provident society, local neighbourhood forum, company limited by guarantee or community interest company?

To nominate you must inform us of the address of the property, details of the owner, the extent of the site and why you feel it is an asset of community value. You must also provide evidence of your eligibility to nominate.

To assist you we have created a nomination form

Download Community Right to Bid Nomination Form (Word, 50KB)

This needs to be returned to the Assets Team (contact details at the bottom of this page). There is no charge for nominating a property for addition to the register, however please note that the council will only consider fully completed application forms. It is up to applicants to find the necessary information required to complete the forms as the council cannot undertake this work for you.

View the Community Right to Bid Guidance (PDF, 211KB) .

You are able to view properties that have been nominated for inclusion on the register by downloading the Assets of Community Value register (Word, 59KB) .

Assets which have been successful are listed in ‘Part 1 – Assets Held on the Register’ and properties that have not been successful are shown in ‘Part 2 – List of Assets of Unsuccessful Community Nominations’.

It is important to note that not all groups mentioned under ‘making a nomination’ above are eligible to make a right to bid. All groups can nominate but only unincorporated groups cannot bid as they are unable to legally own property.

The owner of the property must advise us when they intend to sell the property and we will publicise this on our website as well as informing the nominator.

If you want to make a bid you must inform us within six weeks of us telling you the property is available to purchase. You will then have six months to put together the bid. Please note this is not from when you inform us, but six months from when the owner advises us of their intention to sell (this is known as the moratorium period). If there is more than one community group interested in purchasing the property we would encourage the groups to work together.

At any point before the end of the six months you may enter into negotiations with the property owner providing the owner is willing to do this. We would ask that we are kept informed of developments.

At the end of the moratorium period, if you have successfully put a bid together, the owner will have the option to either accept your bid or sell the property freely on the open market.

Community right to challenge

The Localism Act includes the right called Community Right to Challenge. This means we can receive an ‘expression of interest’ about how to run a service. Our Community Right to Challenge offers to work with those interested in submitting a challenge to get to the heart of the issue.

Expressions of interest may be submitted by the types of organisations listed below:

  • voluntary and community bodies
  • charities
  • a group of two or more employees of the authority
  • Parish councils.

We welcome ideas from groups and organisations where you feel our services can be improved or re-designed to best meet the needs of customers. We must consider all expressions of interest and, where these are accepted, undertake a procurement exercise for the service.

All organisations that are interested in submitting an ‘expression of interest’ are asked to contact Jamie Dunn, contact details at the bottom of the page, to have an informal discussion on how we can improve our service.

If you wish to make a formal expression of interest, then please complete a form and submit it to our Commissioning and Delivery team by email or post.

Download the Community Right to Challenge Expression of Interest Form (Word, 38KB)  and our Community Right to Challenge Process Map (PDF, 129KB) .

Common reasons for rejection

The Government has set out a series of reasons why an expression of interest can be rejected. We will reject an expression of interest if:

  1. The expression of interest does not comply with any of the requirements specified in the Act or in regulations
  2. The relevant body provides information in the expression of interest which the Council considers to be inadequate or inaccurate.
  3. The Council considers, based on the information in the expression of interest, that the relevant body or, where applicable a) any member of the consortium of which it is a part, or b) any sub-contractor referred
    to in the expression of interest is not suitable to provide or assist in providing the relevant service
  4. The expression of interest relates to a relevant service where a decision, made in writing, has been taken by the Council to stop providing that service
  5. The expression of interest relates to a relevant service a) provided in whole or in part by, or on behalf of, the Council to person who are also in receipt of a service provided or arranged by an NHS body which is integrated with the relevant service, and b) the continued integration of such services is, in the opinion of the Council, critical to the wellbeing of those persons
  6. The relevant service is already the subject of a procurement exercise
  7. The Council and a third party have entered into negotiations for provision of the service, where negotiations are at least in part conducted in writing
  8. The Council has published its intention to consider the provision of the relevant service by a body that two or more specified employees of that authority propose to establish
  9. The Council considers that the expression of interest is frivolous or vexatious
  10. The Council considers that acceptance of the expression of interest is likely to lead to contravention of an enactment or other rule of law or a breach of statutory duty

If we decide to reject an expression of interest, we have a legal duty to publish the decision and the reasons for that decision online.

We will make a decision on your expression based upon the information that we ask for in this form and in accordance with the provisions of the Localism Act 2011. We will acknowledge receipt, and within 30 days we will let you know the date by which you will receive a decision on your application. Our decision will be to reject, to ask you to modify, or to accept your expression. If we accept your expression, then we will invite your organisation to compete in an open procurement exercise.

Community asset transfer

Community Asset Transfer is a long term leasehold or freehold transfer arrangement entered into by the Council with a community group or social enterprise at market or below market value to stimulate the social, economic or environmental well-being of the people living and working in North East Lincolnshire. We believe that a property that has previously been used for public benefit should be available for community ownership.

To view a list of potential buildings and land download Community Asset Transfer Pipeline Assets (XLS, 13KB) .

  • Parish and town councils;
  • Any not for profit organisation with an asset lock built into its constitution including the following:
  • a charity, including charitable incorporated organisations
  • a Community interest company
  • a Community Benefit Society

Contact details

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