Dragonfly Architectural Services Limited v Brighton & Hove City Council

Dragonfly Architectural Services Limited v Brighton & Hove City Council

The nomination was valid as it provided reasons, even if not aligned with the statutory test. The Montreal Arms furthered the social wellbeing of the local community in the recent past by providing a quiet social space. Despite slim prospects, it is realistic to think that within five years the premises could again...

Source-derived case information.

Parties
Appellant: Dragonfly Architectural Services Limited; Respondent: Brighton & Hove City Council
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Assets of Community Value, Community Right to Bid, Localism Act 2011, Appeals Procedure
Administrative Law Local Government Law Assets of Community Value Community Right to Bid Localism Act 2011 Appeals Procedure

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Dragonfly Architectural Services Limited

Appellant

Brighton & Hove City Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the nomination of the Montreal Arms as an Asset of Community Value (ACV) was valid under regulation 6 of the Assets of Community Value (England) Regulations 2012
  2. 2 Whether there was a time in the recent past when the Montreal Arms furthered the social wellbeing or interests of the local community under section 88(2)(a) of the Localism Act 2011
  3. 3 Whether it is realistic to think that there is a time in the next five years when there could be non-ancillary use of the Montreal Arms that would further the social wellbeing or social interests of the local community under section 88(2)(b) of the Localism Act 2011

Ratio Decidendi

The nomination was valid as it provided reasons, even if not aligned with the statutory test. The Montreal Arms furthered the social wellbeing of the local community in the recent past by providing a quiet social space. Despite slim prospects, it is realistic to think that within five years the premises could again be used in a way that furthers the social wellbeing or interests of the local community, even if not as a commercially viable pub.

Court Disposition

Appeal dismissed

Orders

  • The Montreal Arms remains listed as an Asset of Community Value.