Andrew Tarling v Somerset Council & Anor

Andrew Tarling v Somerset Council & Anor

The Half Moon Inn met the criteria for listing as an Asset of Community Value under section 88(2) of the Localism Act 2011 because (1) its use as a pub furthered the social wellbeing and interests of the local community in the recent past, and (2) it is realistic to think that within five years there could be non-ancillary use furthering those interests, given credible interest from a pub company and community support. The owner's opposition and viability concerns did not outweigh these findings.

Parties
Appellant: Mr Andrew Tarling; First Respondent: Somerset Council; Second Respondent: Save the Half Moon Group
Jurisdiction
England and Wales
Judgment Date
30 May 2024
Procedural Posture
Community Right to Bid Appeal / First Tier Tribunal (general Regulatory Chamber) Appeal Decision
Outcome
Appeal dismissed
Legal Topics
Assets of Community Value, Community Right to Bid, Localism Act 2011, Appeal Procedure
Administrative Law Local Government Law Property Law Assets of Community Value Community Right to Bid Localism Act 2011 Appeal Procedure

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Parties

Mr Andrew Tarling

Appellant

Somerset Council

First Respondent

Save the Half Moon Group

Second Respondent

Procedural Posture

Community Right to Bid Appeal / First Tier Tribunal (general Regulatory Chamber) Appeal Decision

Legal Issues

  1. 1 Whether the Half Moon Inn met the criteria for listing as an Asset of Community Value under section 88(2) of the Localism Act 2011
  2. 2 Whether there was a time in the recent past when the pub furthered the social wellbeing or interests of the local community
  3. 3 Whether it is realistic to think that there could be non-ancillary use of the pub furthering social wellbeing or interests in the next five years

Ratio Decidendi

The Half Moon Inn met the criteria for listing as an Asset of Community Value under section 88(2) of the Localism Act 2011 because (1) its use as a pub furthered the social wellbeing and interests of the local community in the recent past, and (2) it is realistic to think that within five years there could be non-ancillary use furthering those interests, given credible interest from a pub company and community support. The owner's opposition and viability concerns did not outweigh these findings.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. The listing of the Half Moon Inn as an Asset of Community Value is upheld.