The notice below details a legal requirement called a Notice of Intention to make a Relevant Disposal regarding any Asset of Community Value, which the Kensal House Community Rooms are registered as (Localism Act 2011).
The current tenant, a community organisation, has requested a longer lease to facilitate them receiving an independent charitable grant which will be invested in improving the structure and fabric of the building to allow for the provision of better facilities to the public. The Council is happy to support the tenant in achieving this goal.
Any lease longer than 7 years is defined as a ‘disposal’ under the Localism Act 2011. Neither the building nor the ground floor community rooms is being sold but a longer lease to the occupying organization, as was approved by the Senior Leadership Team on 19 September 2018, triggers the need for this public notification.
Notice of Intention to Make a Relevant Disposal
The Royal Borough of Kensington and Chelsea ('the Council') has received a Notice of Intention to Make a Relevant Disposal from the owner of the following property which is currently listed on the Council’s Register of Assets of Community Value:
Kensal House Community Rooms
Notice of Intention to Make a Relevant Disposal under Section 95(2) of the Localism Act 2011 ('the Act') was given on 7 December 2018. The initial moratorium period of 6 weeks will end on 18 January 2019. The full moratorium period will end on 7 June 2019. The protected period that will apply under Section 95 will end on 7 June 2019
During the initial moratorium period, any eligible community interest group may express an interest in being treated as a potential bidder for the asset. An intention to bid must be made in writing to the Council by no later than 5pm on 18 January 2019. Any intention to bid received after that time will not be accepted by the Council.
If one or more eligible intention to bid is received by the Council during the initial moratorium period, the owner may not enter into a relevant disposal (as defined in the Act) of their asset during the full moratorium period. The only exception to this is a disposal to an eligible community interest group. The full moratorium period is intended to give an eligible community group extra time to do the work necessary to make a bid for the asset. The owner is not required to accept any bid and once the full moratorium period has expired, may dispose of the asset as they wish until the end of the protected period.
A form to assist with any intention to bid can be obtained from the Assets of Community Value page
Any intention to bid should include the address of the asset, name of group, constitutional status, contact details, date of submission and signature of the chair or leader of the group. It can be made via email to firstname.lastname@example.org or by post to Planning and Borough Development, Royal Borough of Kensington and Chelsea, Town Hall, Hornton Street, London, W8 7NX. There is no fee.
The Council will inform the owner of the asset of any intention to bid that it receives within the initial moratorium period.
In summary, the purpose of these provisions is to provide any eligible community interest group with the time to decide whether to bid and, if so, to develop a business plan and arrange funding. In particular, the Act does not give a first right of refusal, restrict who the owner should sell the asset to, determine the price at which the asset can be sold or place any express restrictions on the owner’s use of the asset.
It will be the responsibility of any bidder to arrange funding, seek to come to an agreement with the owner and be responsible for all associated costs. The Council is unable to assist in negotiations or to provide any funding or other assistance.
More information and advice on the legislation and process is available on the My Community website.
Any enquiries should be addressed to the Royal Borough of Kensington and Chelsea, preferably by email to email@example.com or to the Planning enquiry line on 020 7361 3012 or by post to Assets of Community Value, Neighbourhood Planning Team, Planning and Borough Development, Royal Borough of Kensington and Chelsea, Town Hall, Hornton Street, London W8 7NX.