Andrew Abbott v Stockton-On-Tees Borough Council

Andrew Abbott v Stockton-On-Tees Borough Council

The tribunal found that the ACV listing was a factor in the planning committee's refusal of permission, and therefore the expenses claimed were likely not to have been incurred if the property had not been listed. This satisfies the conditions of Regulation 14(2), entitling the appellant to compensation.

Parties
Appellant: Andrew Abbott; Respondent: Stockton-on-Tees Borough Council
Jurisdiction
England and Wales
Judgment Date
11 November 2022
Procedural Posture
Community Right to Bid Compensation Appeal / First Tier Tribunal Appeal Determination on Papers
Outcome
Appeal allowed
Legal Topics
Assets of Community Value, Compensation for Listing, Planning Permission, Causation of Expenses
Administrative Law Local Government Law Assets of Community Value Compensation for Listing Planning Permission Causation of Expenses

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Parties

Andrew Abbott

Appellant

Stockton-on-Tees Borough Council

Respondent

Procedural Posture

Community Right to Bid Compensation Appeal / First Tier Tribunal Appeal Determination on Papers

Legal Issues

  1. 1 Whether expenses incurred by the appellant would likely not have been incurred if the property had not been listed as an Asset of Community Value (ACV) under Regulation 14(2) of the Assets of Community Value (England) Regulations 2012
  2. 2 Whether the ACV listing was a material factor in the refusal of planning permission and subsequent expenses

Ratio Decidendi

The tribunal found that the ACV listing was a factor in the planning committee's refusal of permission, and therefore the expenses claimed were likely not to have been incurred if the property had not been listed. This satisfies the conditions of Regulation 14(2), entitling the appellant to compensation.

Court Disposition

Appeal allowed

Orders

  • The appellant is entitled to compensation for expenses of £3,711.83 under Regulation 14(2) of the Assets of Community Value (England) Regulations 2012.