The Law Society's new Enquiries of Local Authority form CON29 (2016) came into effect on 4 July 2016.
We have received a number of Environmental Information Requests (EIR) asking how we will publish or make accessible the information in the new/amended questions.
Below you will find the answers to some of the questions:
1.1 Which of the following relating to the property have been granted, issued or refused or (where applicable) are the subject of pending applications:
(i) a certificate of lawfulness of proposed works for listed buildings – this will be available in our planning application search.
(j) a heritage partnership agreement - Currently Basingstoke and Deane Borough Council (BDBC) does not have any of these.
(k) a listed building consent order – this will be available in our planning application search.
(l) a local listed building consent order – this will be available in our planning application search.
2.2 Is any public right of way which abuts on, or crosses the property, shown in a definitive map or revised definitive map?
2.3 If so, please attach a plan showing the approximate route,
2.4 Are there any pending applications to record a public right of way that abuts, or crosses the property, on the Register?
2.5 Are there any legal orders to stop up, divert, alter or create a public right which abuts or crosses the property not yet implemented or shown on a definitive map?
BDBC, as a district local authority, has no responsibility for highways or public rights of way and, therefore, does not hold the information requested. The authority responsible for this function is Hampshire County Council (HCC) and your request should be referred to them direct. You can find out more on HCC's Freedom of Information webpages.
Question 3.3
(a) Is the property served by a Sustainable Urban Drainage System which is adopted by a SuDs Approval Body (SAB) for which there will be a surface water drainage charge?
(b) Are there adopted SuDs features within the boundary of the property?
(c) If the property benefits from a SuDs, who bills the property for the surface water drainage charge?
This is the responsibility of Hampshire County Council.
3.5 (b) Are there any proposals for a railway, tramway, light railway or monorail within the local authority’s boundary?
This is the responsibility of Hampshire County Council.
3.7 Do any statutory notices which relate to the following matters exist in relation to the property other than those revealed in a response to any other enquiry herein:
g) Flood and coastal erosion risk management?
This is the responsibility of Hampshire County Council.
Basingstoke and Deane Borough Council (BDBC) adopted its Community Infrastructure Levy (CIL) and supporting policies on 22 March 2018 and came into effect on 25 June 2018. Further information can be found on the CIL webpage
Question 3.15
(a) Has the property been nominated as an asset of community value? If so:
(i) Is it listed as an asset of community value?
(ii) Was it excluded and placed on the ‘nominated but not listed’ list?
(iii) Has the listing expired?
(iv) Is the local authority reviewing or proposing to review the listing?
(v) Are there any subsisting appeals against the property?
(b) If the property is listed:
(i) Has the local authority decided to apply to the Land Registry for an entry or cancellation of a restriction in respect of listed land affecting the property?
(ii) Has the local authority received a notice of disposal?
(iii) Has any community interest group requested to be treated as a bidder?
More information about Assets of Community Value can be found on Community Right to Bid webpage that includes a list of registered and rejected assets.
In light of the new question 3.15 set out in the CON 29 (2016) property enquiry forms, the scope of information to be made available on the website is currently being reviewed ready for the introduction of the new enquiries from July 2016.
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