Hawkhurst Golf & Country Club & Ors v Tunbridge Wells Borough Council & Anor

Hawkhurst Golf & Country Club & Ors v Tunbridge Wells Borough Council & Anor

The Land satisfies the requirements of s.88(2)(a) and (b) of the Localism Act 2011 as there was recent community use furthering social wellbeing and it is realistic to think there could be future community use within five years. The appeal is dismissed and the Land remains listed as an Asset of Community Value.

Parties
Appellants: Hawkhurst Golf & Country Club Jenga (Golf Club Holdings) Ltd & Cedardrive Ltd; First Respondent: Tunbridge Wells Borough Council; Second Respondent: Hawkhurst Parish Council
Jurisdiction
England and Wales
Judgment Date
04 July 2022
Procedural Posture
Appeal / First Tier Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Assets of Community Value, Community Right to Bid, Localism Act 2011, Planning Permission
Local Government Law Property Law Assets of Community Value Community Right to Bid Localism Act 2011 Planning Permission

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Parties

Hawkhurst Golf & Country Club Jenga (Golf Club Holdings) Ltd & Cedardrive Ltd

Appellants

Tunbridge Wells Borough Council

First Respondent

Hawkhurst Parish Council

Second Respondent

Procedural Posture

Appeal / First Tier Tribunal Decision

Legal Issues

  1. 1 Whether the Land meets the criteria for listing as an Asset of Community Value under s.88(2) of the Localism Act 2011
  2. 2 Whether there is a realistic prospect of future community use of the Land

Ratio Decidendi

The Land satisfies the requirements of s.88(2)(a) and (b) of the Localism Act 2011 as there was recent community use furthering social wellbeing and it is realistic to think there could be future community use within five years. The appeal is dismissed and the Land remains listed as an Asset of Community Value.

Court Disposition

Appeal dismissed

Orders

  • The Land remains listed as an Asset of Community Value.