The application process
We must decide within 8 weeks whether to include a community nomination in the list. When an application is received the -
- owners
- other interested parties
- Local Ward Members and Area Committee
are consulted and must respond within 6 weeks.
If the asset is included on the list we are required to notify the -
- owners
- occupier
- nominators
- other interested parties
of the outcome.
We are required to maintain a list of unsuccessful community nominations to provide transparency. It is also to deter repeat nominations. Successful outcomes will be retained on the Local Land Charges register.
Review or appeals against a decision
We are required to provide a right of review to the owner against inclusion of an asset on the register. The owner will have 8 weeks from notification of the inclusion of the asset on the register to request a review. The review must be completed within 8 weeks unless otherwise agreed with the owner. The owner has the right to request an oral hearing and to be represented.
If after a review we decide to continue to include the asset on the register, the owner may appeal against the decision to the First-Tier tribunal. This is an independent tribunal managed independently of us.
Compensation
Compensation may be paid to an owner of land, other than a public authority, who has incurred loss or expense in relation to the land which would not have been the case if it had not been listed.
Any claim for compensation must be made to the local authority within 13 weeks of the end of the interim or full moratorium period. The owner may request a review of a decision relating to compensation by the Local Authority.
There is a subsequent right of appeal to the First Tier Tribunal.
HM Courts and Tribunals Service
First-Tier Tribunal
3rd Floor, Temple Court
35 Bull Street
Birmingham
B4 6EQ