Brian Newton v Derbyshire Dales District Council & Anor

Brian Newton v Derbyshire Dales District Council & Anor

The Tribunal found that at the date of listing, continued allotment use was a realistic possibility, including through compulsory acquisition or lease by the Town Council, and that the review decision upholding the listing as an ACV was not wrong. The appeal was therefore dismissed.

Parties
Appellant: Mr Brian Newton; First Respondent: Derbyshire Dales District Council; Second Respondent: Starkholmes Allotment Association
Jurisdiction
England and Wales
Judgment Date
30 May 2024
Procedural Posture
Community Right to Bid Appeal / First Tier Tribunal Appeal Against Local Authority Review Decision
Outcome
Appeal dismissed
Legal Topics
Assets of Community Value, Localism Act 2011, Statutory Appeals, Compulsory Purchase, Community Rights
Administrative Law Local Government Law Property Law Assets of Community Value Localism Act 2011 Statutory Appeals Compulsory Purchase Community Rights

Case Brief

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Parties

Mr Brian Newton

Appellant

Derbyshire Dales District Council

First Respondent

Starkholmes Allotment Association

Second Respondent

Procedural Posture

Community Right to Bid Appeal / First Tier Tribunal Appeal Against Local Authority Review Decision

Legal Issues

  1. 1 Whether the listing of Starkholmes Road Allotments as an Asset of Community Value (ACV) should be upheld under section 88(1) of the Localism Act 2011
  2. 2 Whether it was 'realistic to think' that non-ancillary community use could continue at the date of listing
  3. 3 What is the correct approach for the Tribunal to take on a regulation 11 appeal

Ratio Decidendi

The Tribunal found that at the date of listing, continued allotment use was a realistic possibility, including through compulsory acquisition or lease by the Town Council, and that the review decision upholding the listing as an ACV was not wrong. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • The listing of Starkholmes Road Allotments as an Asset of Community Value is upheld.