Community empowerment and common good property: consultation on draft guidance

Chapter 3 – Dealing with representations

1. The ability to provide views and comments (make representations) before the common good register is formally published, ensures that individuals, community councils and other community bodies have an opportunity to make a case for property to be included in or excluded from the register.

How to make representations

2. When publishing the list of common good property, local authorities should clearly set out the process and timescale for making any representations. All representations should be made in writing, either by e-mail or by letter. It should also be made clear that all representations will be published (although personal details must be handled in accordance with the local authority's data protection policy).

How to access representations

3. We expect local authorities to publish all the representations they receive. All of these documents, whether paper copy or electronic, should be accessible from the same place as the list of property and, eventually, the Common Good register.

Responding to representations

4. Local authorities should aim to investigate and respond to representations within eight weeks. The final response should be published alongside the original representation. Once a local authority has fully considered a representation, this decision will be final - unless significant new information comes to light or a court decides otherwise. Local authorities are not required to consider repeated representations in relation to the same asset when no new information is provided.

QUESTION 5: What are your views on the timescale of eight weeks to investigate representations in respect of the register?