Attempted Nomination of Bank as Community Asset Averted by Successful Objection

August 25, 2016 11:50 am Published by

Tetlow King Planning is very pleased to have successfully averted the nomination of a Lloyds bank in Dawlish, Devon as an asset of community value.

The opportunity to nominate such assets was defined in the Localism Act as land or buildings that further the social well-being or interests of the local community, with the Community Right to Bid empowering community groups to seek to preserve such assets for the long term. This provides a useful tool for focusing attention on well-loved local services, and has been used across England for the retention of important assets such as pubs, community halls and sports facilities. It was not intended to frustrate development or to stifle landowners’ ability to operate their commercial businesses freely.

The landowners’ agent, David White from Hatfield White (Taunton), was alerted to the nomination of the bank in Dawlish by the landowners and sought Tetlow King Planning’s advice. The landowners were surprised by the nomination and sought a robust objection to ensure the property was not improperly listed as a community asset.

The Town Council had sought the nomination in the face of recent bank closures within the town. The nomination of a bank is unusual, and a disproportionate use of the Localism Act. Whilst access to a local bank has clear benefits to the community, this is limited, and outside the remit of the asset listing process.

Any commercial operator or landlord faced with a community nomination must seriously consider their right to object to the proposal prior to the deadline set by the Council. Failure to do so may have serious implications on the future use as local listing can be considered in determining planning applications and can delay property sale. As the landowner must bear their own costs through a listing review via the local planning authority and when appealing to the First Tier Tribunal this makes the initial objection a vital stage.  The strong objection submitted to Teignbridge District Council was upheld, with the decision issued 23rd August 2016. We are delighted to have assisted in stopping the unnecessary attempt to list the property which may have stifled the rightful commercial use of the building.

The landowners were very pleased, commenting: “A very successful result on our behalf. Very many thanks for your speedy work and fantastic outcome.” Agent David White praised Tetlow King Planning’s efforts, saying we provided “A fast, professional service employing the right skills for the right result.”

Tetlow King Planning were also assisted by solicitors Irwin Mitchell.