Advice Note 2 - Getting Started

NOTE: - This advice note is designed to be printed and distributed. Please download pdf copy for this purpose.

Making a successful application is not rocket science but it does demand time, effort and attention to detail. This Advice Note provides a brief summary of the things you need to think about.

BE INFORMED
The Act is a complex piece of legislation and you need to familiarise yourself with its main provisions. Advice Note 1 provides an introduction to what the Act is all about. Beyond and initial understanding, however is the detail which you need to master.

IDENTIFYING LAND
How do you decide what land to register? Well, that depends on individual circumstances. First of all, it needs to be eligible. To help think about what the possibilities are it might be helpful to look at three main areas of interest.

  • Land or property in which you already have a legal interest. This may be a lease over woodland, a playing field or community hall. it may be land with an access or management agreement. It may be common land
  • Land or property which the community would benefit from owning or which addressed a specific need. This may, for example be for amenity, housing, economic development, conservation or land or buildings of cultural importance
  • Land or property which, if it were to be put up for sale, would cause concern. This might, for example, be the local post office or shop, a local authority facility, a local woodland, or an estate. If and when such land is put up for sale (which may be many years into the future), you will have the option to buy it only if you have a registered interest. "Late" applications are possible but cannot be relied upon to be successful.

SEEKING SUPPORT WITHIN THE COMMUNITY
Community support for an Application is vital and, to avoid misunderstandings or suspicions, it is important to seek views and support at an early stage. Identifying potential opposition is also important. Remember, though, that applying to register an interest in land involves no obligation to do so; it merely gives you the option. It might be helpful to stress this when presenting proposals to other in the community.

SEE TO THE TECHINCAL BITS
Reading the Guidance you will not ethat there are various things you need to do including settign up a company, defining your community on the basis of postcodes, determining who is on the Voter's Roll and identifying the landowner(s) and preparing a map.

LEARNING FROM OTHER APPLICATIONS
Previous applications can help you identify what makes a successful and an unsuccessful application. All applications are available to view on the Register of Community Interest in Land. Failed applications can be useful but it is unclear if they will be continue to be made available on the Register. Contact us if in doubt as we are maintaining an archive.