Community right to bid : Assets of community value

Powers set out in the Localism Act 2011 are useful to prevent important local assets, such as pubs, community centres, parks etc. from being redeveloped for other purposes such as for private housing.

The ACV regime operates by allowing local groups to bid for the listed asset when it is offered on the open market for sale so that it can continue to be used for the benefit of the community.

If you wish to nominate a building or parcel of land as an ACV you should refer to the Guidance Notes and the DCLG Community Right to Bid: Non-Statutory advice note for local authorities.

The Council reserves the right to reject repeated applications for the same building or parcel of land unless new evidence supporting any subsequent application is provided. 

If your nomination is successful, the asset will be added to the list of AVCs in the document below.

If you require any further information, please email the Legal services team.

Decisions

The Jolly Gardeners, St. Lukes Road, Old Windsor, Windsor SL4 2QY.

Right to bid nomination

If you would like to to register a right to bid, please complete the online form below.

Apply for: Community right to bid - assets of community value nomination

Notice under Section 95 of the Localism Act 2011

Notice of relevant disposal of The Boundary Arms, Pinkneys Green 

On 26th March 2024 the owner of The Boundary Arms (formerly the Waggon & Horses) 112  Pinkneys Green, Maidenhead, SL6 5DN, being a property listed as an Asset of Community Value by the Council on 3rd August 2023, served notice upon the Royal Borough of Windsor and Maidenhead (“the Council”) under section 95(2) of the Localism Act 2011 (“the Act”) that it intended to make a relevant disposal of the property (“the Asset”). 

Your attention is drawn to the following:

An interim moratorium period of six weeks is now triggered by the notification dated 26th March 2024 which shall expire on 7th May 2024. During this period a community interest group may submit a written request to the Council to be treated as a potential bidder for the Asset. 

During the interim moratorium period, an owner of land listed as an Asset of Community Value can only dispose of the Asset to a community interest group. If no request is made by a community interest group before the expiry of the interim moratorium period, the owner is free to dispose of the Asset at the end of the six weeks period and no further moratorium will apply for the duration of the protected period. The protected period is the period of 18 months commencing on the 26th March 2024, being the date on which notice of a relevant disposition was given to the Council.

If the Council receives written notification from a community interest group that it wishes to be treated as a potential bidder before the expiry of the interim moratorium period, a full moratorium period of six months beginning on 26th March 2024 shall come into effect and shall end on 26th September 2024.

During the full moratorium period, an owner can continue to market the Asset and negotiate a sale, but they cannot exchange contracts or enter into a binding contract to exchange contracts in respect of the Asset except to a community interest group.

On expiry of the full moratorium period the owner can dispose of the Asset to whoever they choose.
A disposal of the Property which contravenes the provisions of the Act and the The Assets of Community Value (England) Regulations 2012/2421 (“the Regulations”) will be ineffective.

A community interest group is defined in regulation 12 of the Regulations.

It is important to note that after having requested to be treated as a potential bidder that there is no obligation for the community interest group to make an offer or to buy or acquire an interest in the Asset. It is also important to note that there is no right for the community interest group to buy or acquire any interest in the Asset and there is no obligation on the owner to dispose of the Asset to the community interest group on any terms.

Dated: 4th April 2024
Elaine Browne
Deputy Director of Law and Governance and Monitoring Officer
Royal Borough of Windsor and Maidenhead
Town Hall, 
St. Ives Road, 
Maidenhead 
SL6 1RF

Novello Theatre / Picture House, 2 High Street, Sunninghill Ascot SL5 9NE 

On 4 June 2024, the owner of Novello Theatre/Picture House, 2 High Street, Sunninghill, Ascot SL5 9NE, a property listed as an Asset of Community Value (“ACV”) by the Royal Borough of Windsor & Maidenhead (“the Council”) on 24 April 2024, served notice upon the Council under section 95(2) of the Localism Act 2011 (“the Act”) that it intended to make a relevant disposal of the above property (“the Asset”).  Your attention is drawn to the following:

An interim moratorium period of six weeks is now triggered which shall expire on Tuesday 16 July 2024. During this period a) an eligible community interest group may submit a written request to the Council to be treated as a potential bidder for the Asset and b) the owner can only dispose of the Asset to a community interest group.  A community interest group is defined in regulation 12 of the Assets of Community Value (England) Regulations 2012/2421 (“the Regulations”).

Any request to be treated as a potential bidder must be made in writing and must include the details of the Asset and the details of the relevant bidder (including their status as a an eligible community interest group and contact details) and sent:

c/o Legal Services, Royal Borough of Windsor and Maidenhead, Town Hall, St Ives Road, Maidenhead SL6 1RF or by email to Legalservices@RBWM.gov.uk by 5pm on Tuesday 16 July 2024.

Any intention to bid received after that time will not be accepted by the Council.

If the Council receives written notification from a community interest group that it wishes to be treated as a potential bidder by 5pm on Tuesday 16 July 2024 a full moratorium period of six months running from Tuesday 4 June 2024 until Wednesday 4 December 2024 shall come into effect.

If no request is made by a community interest group before the expiry of the interim moratorium period above, the owner is free to dispose of the Asset at the end of the six week period and no further moratorium will apply for the duration of the protected period of 18 months ending on Thursday 4 December 2025.

During the full moratorium period, an owner can continue to market the Asset and negotiate a sale, but they cannot exchange contracts or enter into a binding contract to exchange contracts in respect of the Asset except to a community interest group.  On expiry of the full moratorium period the owner can dispose of the Asset to whoever they choose.

Please note, after having requested to be treated as a potential bidder a) there is no obligation for the community interest group to make an offer or to buy or acquire an interest in the Asset b) there is no right for the community interest group to buy or acquire any interest in the Asset and c) there is no obligation on the owner to dispose of the Asset to the community interest group on any terms.

Dated: Wednesday 5 June 2024
Elaine Browne, Head of Law Deputy Director of Law & Governance and Monitoring Officer, Royal Borough of Windsor and Maidenhead SL6 1RF