Localism Bill

10/10/2011

By Megan Fradgley, Solicitor in Dispute Resolution.

The Localism Bill which seeks to empower local communities, could fetter a landowner’s rights to deal with property.

The Bill includes provisions requiring a local authority to maintain a list of land or buildings nominated as being of ‘community value’. Community value is not defined,  but could include village halls, playing fields, shops, and pubs.

Nominated property could stay on the list for five years and the owner cannot sell, gift or grant a lease of over 25 years without first notifying the local authority. The owner must then wait for an as yet undefined period in case a community interest group wants to purchase the property.

Landowners may request a review of the decision to nominate their land and appeal a review decision, but the Bill is unclear on how this will work. It is also unclear what compensation the landowner would get - it may not be market value.