Richard Sanders v Stafford Borough Council & Anor

Richard Sanders v Stafford Borough Council & Anor

It is realistic to think that within the next five years, the Red Lion could be used as a community pub furthering the social wellbeing or interests of the local community, given the strong community support, viable business plan, available funding, and the possibility that planning permission for residential development may be refused, leading to a sale or compulsory purchase.

Parties
Appellant: Richard Sanders; First Respondent: Stafford Borough Council; Second Respondent: New Red Lion Sutton Ltd
Jurisdiction
England and Wales
Judgment Date
11 April 2022
Procedural Posture
Appeal / Final Judgment After Oral Hearing
Outcome
Appeal dismissed
Legal Topics
Assets of Community Value, Community Rights, Planning Permission, Viability of Community Pubs
Local Government Law Property Law Assets of Community Value Community Rights Planning Permission Viability of Community Pubs

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Parties

Richard Sanders

Appellant

Stafford Borough Council

First Respondent

New Red Lion Sutton Ltd

Second Respondent

Procedural Posture

Appeal / Final Judgment After Oral Hearing

Legal Issues

  1. 1 Whether it is realistic to think that there is a time in the next five years when there could be a non-ancillary use of the Red Lion that would further the social wellbeing or interests of the local community under section 88(2)(b) of the Localism Act 2011

Ratio Decidendi

It is realistic to think that within the next five years, the Red Lion could be used as a community pub furthering the social wellbeing or interests of the local community, given the strong community support, viable business plan, available funding, and the possibility that planning permission for residential development may be refused, leading to a sale or compulsory purchase.

Court Disposition

Appeal dismissed

Orders

  • The Red Lion remains listed as an Asset of Community Value under section 88(2) of the Localism Act 2011.