Re: The land and outbuildings comprising the Public House known as The Honor Oak Pub, 1 St German’s Road, Forest Hill, London, SE23 1RH

I am writing to confirm that on 13 November 2013, the Council decided to include the Honor Oak Pub on its list of assets of community value. A copy of the Council’s decision is enclosed. This letter is formal written notice of inclusion under Section 91(2) of the Localism Act 2011 (“the Act”).

Now that the property is included on the Council’s list of assets of community value, if the Owner subsequently decides to enter into a relevant disposal of it, it will be required to notify the Council in writing under Section 95(2) of the Act. For the meaning of “relevant disposal” and for when a relevant disposal is entered into, please see Section 96 of the Act.

On receiving notice of a relevant disposal, the Council will then update the entry in the list for the property to reveal that notice has been received, give written notice to the Forest Hill Society (as the community nominee who originally nominated the property to go on the list) and will also publicise the proposed disposal in the locality.

If within an initial moratorium period of 6 weeks the Council receives a written request from an eligible community interest group (as defined in Section 98(3) of the Act) to be treated as a potential bidder, the Owner will be informed and this will then trigger a 6 month full moratorium period during which the Owner will not be able to dispose of the property whilst the community group prepares its bid. Please see Section 95 of the Act for full details of the “Moratorium” requirements and Section 97 of the Act for full details of the “Publicity” requirements.

Please note that certain disposals are exempt from these requirements. These are defined in Section 95(5) of the Act and Schedule 3 of The Assets of Community Value (England) Regulations 2012.

In accordance with Section 92 of the Act, the Owner now has the right to request the Council to review its decision to include the property in its list of assets of community value. The Owner has 8 weeks from the date of service of notice of listing on them to request that the decision be reviewed. If a written request for a review is made within the requisite period, the Council will then carry out an internal review of its decision.

The Owner can request that this be at an oral hearing at which it and/or its representatives will have the right to make representations orally and/or in writing. If the Owner does not request an oral hearing, the Council will decide whether or not an oral hearing is required. If following that review (which must be completed within 8 weeks unless the parties agree otherwise) the Council decides that the property does not fit the criteria of an asset of community value, the property will be removed from the list. If the Council decides to remove the property from the list, you will be given formal notice of removal under Section 91 of the Act stating the reasons for the removal. If the Council decides not to remove the property from the list, the Owner has a further right of appeal to a First-Tier Tribunal.

The Council’s list of assets of community value is published on its website and is available for free inspection. The Council will be registering the inclusion of the property as a local land charge. The Council will also be making an application to the Land Registry for a restriction in the prescribed form to be registered in respect of the property.

If you have any queries regarding this letter or the implications of the inclusion of the property on the Council’s list of assets of community value, I would advise you to take legal advice.