Foresters News

The Foresters Arms Colchester

The Foresters - An Asset of Community Value !

Wed Sep 23 2015

Reference: Register of Community Assets I write further to your request in respect of the Register of Community Assets. Please be advised that due consideration has now been given to your nomination which has resulted in the following outcome: The Foresters Arms Pub has been added to Colchester Borough Council’s Register of Community Assets as of 28th August 2015. In accordance with the Localism Act 2011, all decisions are based on the Council’s assessment of whether the building/land furthers the social wellbeing or social interests of the local community and can continue to do so in the future. Owners, leaseholders (with a lease of 25 years or more when granted), lawful occupants (including a licensee) or others with a legal estate will be notified accordingly. If the owner disagrees with the building being added to the list they have the right to request that the Council reviews its decision, under section 92 of the Act. This has to be done within 8 weeks and the property will remain listed while the review is carried out. Inclusion on the list means that the owner of the listed asset, or any successor in title, must give notice to the Council if they intend to sell or dispose of the building. There then follows a moratorium period during which time the land/building cannot be sold or disposed of. The Council will notify community groups to see if they are interested in bidding for the building. If no written request is received from a community group within 6 weeks the Council will advise the owner that they can proceed to dispose of the asset. If however the Council receives written request from a community group that they wish to be treated as a potential bidder, the full moratorium period applies. Disposal may not then take place within 6 months from the date the Council received notification of the intended sale (except if sold to a community group). The scheme only applies when the asset is being put up for sale; there is no compunction on the owner of the asset to sell it; and it is not a community right to buy the asset, just to bid. The provisions do not restrict in any way who the owner of a listed asset can sell his property to, or at what price. They do not confer a right of first refusal to community interest groups. This means that in some instances the local community bid may not be the successful one. Further information about the List of Community Assets is available to view on the Council’s website Assets of Community Value - Community Right to Bid - Colchester Borough Council. Please feel free to contact the Planning Policy team on 01206 282473 / 508639 if you have any questions. Yours sincerely Laura Chase Planning Policy Manager Commercial Services