Kingston Apartments Yorkshire Limited v Kingston Upon Hull City Council & Anor

Kingston Apartments Yorkshire Limited v Kingston Upon Hull City Council & Anor

The nomination was valid as there was no evidence of any surplus held by the nominating group at the relevant time, and subsequent incorporation as a not-for-profit company confirmed compliance with the Regulations; procedural impropriety in notification did not cause prejudice or invalidate the decision.

Parties
Appellant: Kingston Apartments Yorkshire Limited; 1st Respondent: Kingston Upon Hull City Council; 2nd Respondent: Hull Community Pub Group
Jurisdiction
England and Wales
Judgment Date
06 March 2025
Procedural Posture
Tribunal Appeal / Final Decision on Appeal
Outcome
Appeal dismissed
Legal Topics
Assets of Community Value, Community Right to Bid, Procedural Impropriety, Statutory Interpretation
Administrative Law Property Law Local Government Law Assets of Community Value Community Right to Bid Procedural Impropriety Statutory Interpretation

Case Brief

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Parties

Kingston Apartments Yorkshire Limited

Appellant

Kingston Upon Hull City Council

1st Respondent

Hull Community Pub Group

2nd Respondent

Procedural Posture

Tribunal Appeal / Final Decision on Appeal

Legal Issues

  1. 1 Whether the nomination of the property as an Asset of Community Value was valid under section 89 of the Localism Act 2011 and the Assets of Community Value (England) Regulations 2012
  2. 2 Whether procedural impropriety in notification invalidated the listing decision

Ratio Decidendi

The nomination was valid as there was no evidence of any surplus held by the nominating group at the relevant time, and subsequent incorporation as a not-for-profit company confirmed compliance with the Regulations; procedural impropriety in notification did not cause prejudice or invalidate the decision.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.