Tavern Group Properties Limited v South Kesteven District Council

Tavern Group Properties Limited v South Kesteven District Council

The flat above the Inn is physically and functionally separate from the pub, constituting a separate building for the purposes of the Act. The ground floor pub is not excluded from listing as a residence, but there is insufficient evidence to conclude that a qualifying community use is realistic within the next five...

Source-derived case information.

Parties
Appellant: Tavern Group Properties Limited; Respondent: South Kesteven District Council
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Community Right to Bid Appeal / First Tier Tribunal Decision on Appeal
Outcome
Appeal allowed
Legal Topics
Assets of Community Value, Community Right to Bid, Localism Act 2011, Listing of Community Assets
Local Government Law Property Law Assets of Community Value Community Right to Bid Localism Act 2011 Listing of Community Assets

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Parties

Tavern Group Properties Limited

Appellant

South Kesteven District Council

Respondent

Procedural Posture

Community Right to Bid Appeal / First Tier Tribunal Decision on Appeal

Legal Issues

  1. 1 Whether the Inn is excluded from listing as an asset of community value due to residential use under Regulation 3 and Schedule 1 of the Regulations
  2. 2 Whether it is realistic to think that there could be a qualifying community use of the Inn within the next five years

Ratio Decidendi

The flat above the Inn is physically and functionally separate from the pub, constituting a separate building for the purposes of the Act. The ground floor pub is not excluded from listing as a residence, but there is insufficient evidence to conclude that a qualifying community use is realistic within the next five years. The closure of the pub is so likely to be permanent as to render any qualifying use unrealistic.

Court Disposition

Appeal allowed

Orders

  • The Inn and its curtilage should be removed from the List of Assets of Community Value maintained by the Respondent.