Adrian Russell (for the Rose and Crown Community Pub Group) v Bracknell Forest Borough Council & Anor

Adrian Russell (for the Rose and Crown Community Pub Group) v Bracknell Forest Borough Council & Anor

The First-tier Tribunal erred in law by requiring unanimity of purpose for the Group to qualify as an unincorporated body and by failing to consider relevant evidence of shared purpose; the statutory test under section 88(1)(b) does not require all members to intend to purchase the asset; the Group satisfied the requirements for a valid community nomination and the pub should be listed as an asset of community value.

Parties
Appellant: Mr Adrian Russell (for the Rose and Crown Pub Community Group); 1st Respondent: Bracknell Forest Borough Council; 2nd Respondent: Punch Partnerships (PML) Ltd
Jurisdiction
England and Wales
Judgment Date
09 March 2022
Procedural Posture
Appeal / Upper Tribunal Judgment Remaking First Tier Tribunal Decision
Outcome
Appeal allowed; First-tier Tribunal decision set aside and remade.
Legal Topics
Assets of Community Value, Community Right to Bid, Tribunal Procedure, Compensation Under Localism Act
Administrative Law Local Government Law Property Law Assets of Community Value Community Right to Bid Tribunal Procedure Compensation Under Localism Act

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Parties

Mr Adrian Russell (for the Rose and Crown Pub Community Group)

Appellant

Bracknell Forest Borough Council

1st Respondent

Punch Partnerships (PML) Ltd

2nd Respondent

Procedural Posture

Appeal / Upper Tribunal Judgment Remaking First Tier Tribunal Decision

Legal Issues

  1. 1 Whether the Rose and Crown Pub Community Group is an 'unincorporated body' under Regulation 5(1)(c) of the Assets of Community Value (England) Regulations 2012
  2. 2 Whether the statutory test in section 88(1)(b) of the Localism Act 2011 was satisfied for listing the pub as an asset of community value
  3. 3 Whether procedural fairness and natural justice were breached by the First-tier Tribunal proceeding on the papers without an oral hearing

Ratio Decidendi

The First-tier Tribunal erred in law by requiring unanimity of purpose for the Group to qualify as an unincorporated body and by failing to consider relevant evidence of shared purpose; the statutory test under section 88(1)(b) does not require all members to intend to purchase the asset; the Group satisfied the requirements for a valid community nomination and the pub should be listed as an asset of community value.

Court Disposition

Appeal allowed; First-tier Tribunal decision set aside and remade.

Orders

  • Second Respondent’s appeal against the Council’s listing decision dismissed.
  • Council’s decision to list the Rose and Crown Pub as an asset of community value confirmed.