Admiral Taverns Ltd v Cheshire West And Chester & Anor [2017] UKFTT CR-2016-0022 (GRC) (28 April 2017)

Admiral Taverns Ltd v Cheshire West And Chester & Anor [2017] UKFTT CR-2016-0022 (GRC) (28 April 2017)

The Farndon Arms qualifies as an asset of community value because its primary use as a public house and restaurant furthers the social wellbeing and interests of the local community, and the guest bedrooms are ancillary. The listing decision was valid despite procedural delay, and the nomination was sufficient when considered with subsequent evidence.

Citation
[2017] UKFTT CR-2016-0022 (GRC)
Parties
Appellant: Admiral Taverns Limited; First Respondent: Cheshire West and Chester Council; Second Respondent: Farndon Parish Council
Jurisdiction
United Kingdom
Judgment Date
28 April 2017
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Assets of Community Value, Community Right to Bid, Localism Act 2011, Listing Review, Ancillary Use, Social Wellbeing
Property Law Local Government Law Administrative Law Assets of Community Value Community Right to Bid Localism Act 2011 Listing Review Ancillary Use +1 more

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Parties

Admiral Taverns Limited

Appellant

Cheshire West and Chester Council

First Respondent

Farndon Parish Council

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Farndon Arms qualifies as an asset of community value under s.88 of the Localism Act 2011
  2. 2 Whether the listing decision was invalid due to procedural delay
  3. 3 Whether the nomination by the Parish Council was sufficient to justify listing

Ratio Decidendi

The Farndon Arms qualifies as an asset of community value because its primary use as a public house and restaurant furthers the social wellbeing and interests of the local community, and the guest bedrooms are ancillary. The listing decision was valid despite procedural delay, and the nomination was sufficient when considered with subsequent evidence.

Court Disposition

appeal dismissed

Orders

  • Listing of the Farndon Arms as an asset of community value is upheld.