Notice of Intention to Make a Relevant Disposal - The Criterion

Gosport Borough Council ('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:

The Criterion, 4 The Towers, Forton Road, Gosport, PO12 3HA

Notice of Intention to Make a Relevant Disposal under Section 95(2) of the Localism Act 2011 ('the Act') was given on 15^th September 2022. The initial moratorium period of 6 weeks will end on the 27^th October 2022. The Full moratorium period will end on 15^th March 2022. The protection period that will apply under Section 95 will end on 15^th March 2022.

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 27^th October 2022. Any intention to bid received after that time will not be accepted by the Council.

If one or more eligible intention(s) to bid is/are 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(s) to bid can be obtained from our Assets of Community Value page The Community Right to Bid/Assets of Community Value - Gosport Borough Council

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 paul.grant@gosport.gov.uk or by post to Paul Grant, Borough Solicitor and Monitoring Officer, Legal Services, Gosport Borough Council, Town Hall, High Street, Gosport, PO12 1EB.

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 our website The Community Right to Bid/Assets of Community Value - Gosport Borough Council

Any enquiries should be addressed to paul.grant@gosport.gov.uk or to Paul Grant, Borough Solicitor and Monitoring Officer, Legal Services, Gosport Borough Council, Town Hall, High Street, Gosport, PO12 1EB.