Dairygen Limited v Derbyshire Dales District Council & Anor

Dairygen Limited v Derbyshire Dales District Council & Anor

The Shire Horse, while previously used to further the social wellbeing or interests of the local community, does not meet the statutory test for listing as an Asset of Community Value because it is not realistic to think that such use could be re-established within the next five years given its rural location, recent trading history, lack of viable customer base, and absence of prospective purchasers or community bids.

Parties
Appellant: Dairygen Limited (trading as The Shire Horse); First Respondent: Derbyshire Dales District Council; Second Respondent: Edlaston & Wyaston Parish Councillors
Jurisdiction
England and Wales
Judgment Date
06 October 2025
Procedural Posture
Community Right to Bid Appeal / First Tier Tribunal, Decision After Hearing
Outcome
Appeal allowed
Legal Topics
Assets of Community Value, Community Right to Bid, Localism Act 2011, Listing Review, Regulatory Exemptions
Property Law Administrative Law Assets of Community Value Community Right to Bid Localism Act 2011 Listing Review Regulatory Exemptions

Case Brief

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Parties

Dairygen Limited (trading as The Shire Horse)

Appellant

Derbyshire Dales District Council

First Respondent

Edlaston & Wyaston Parish Councillors

Second Respondent

Procedural Posture

Community Right to Bid Appeal / First Tier Tribunal, Decision After Hearing

Legal Issues

  1. 1 Whether the Shire Horse qualifies as an Asset of Community Value under section 88(2) of the Localism Act 2011
  2. 2 Whether the premises is exempt as a residence under Schedule 1 of the Assets of Community Value (England) Regulations 2012
  3. 3 Whether it is realistic to think the premises could further social wellbeing or interests in the next five years

Ratio Decidendi

The Shire Horse, while previously used to further the social wellbeing or interests of the local community, does not meet the statutory test for listing as an Asset of Community Value because it is not realistic to think that such use could be re-established within the next five years given its rural location, recent trading history, lack of viable customer base, and absence of prospective purchasers or community bids.

Court Disposition

Appeal allowed

Orders

  • The Shire Horse is not to be listed as an Asset of Community Value.
  • If either party is dissatisfied, application for permission to appeal may be made within 28 days.