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Appealing against a Nomination as an Asset of Community Value

An owner of a nominated asset of community value has the right to appeal against the decision to nominate the asset.

There is no right of review by the nominating group against a decision not to include an asset on the list.

The deadline for the owner to request the review is 8 weeks from the date written notice of the listing was given. The property will remain listed while the review is carried out.

The Chief Executive or such other senior officer appointed by the Chief Executive is given delegated authority for the determination of reviews against the listing of an asset and for the determination of reviews against the payment, or not of compensation , and/ or the amount to the Owner.

The owner and/or their representative may make oral or written representations. The review has to be dealt with within 8 weeks of the request, unless a longer period has been agreed in writing by both parties.

If the owner is not satisfied with the outcome of the internal review they have the right to appeal to the First-Tier Tribunal against the decision.

In the event of an appeal the Council will have to present its case to the Tribunal.

An owner may be able to claim compensation for reasonable legal expenses from a successful hearing at the Tribunal to overturn the listing decision.

The property will remain listed throughout the First-Tier Tribunal.