Annakut Ltd v East Herts Council [2020] UKFTT CR-2019-0009 (GRC) (03 June 2020)

Annakut Ltd v East Herts Council [2020] UKFTT CR-2019-0009 (GRC) (03 June 2020)

Procedural irregularities in the nomination and listing process do not invalidate the listing due to statutory safeguards. The evidence establishes that the Rose and Crown furthered the social wellbeing of the local community in the recent past, and it is realistic to think that it could do so again within the next five years, satisfying the requirements of section 88(2) of the Localism Act 2011.

Citation
[2020] UKFTT CR-2019-0009 (GRC)
Parties
Appellant: Annakut Limited; First Respondent: East Herts Council; Second Respondent: Aston Parish Council
Jurisdiction
United Kingdom
Judgment Date
03 June 2020
Procedural Posture
Community Right to Bid Appeal / First Tier Tribunal Appeal Determination
Outcome
Appeal dismissed
Legal Topics
Assets of Community Value, Localism Act 2011, Community Right to Bid, Procedural Fairness, Viability of Community Assets
Administrative Law Property Law Local Government Law Assets of Community Value Localism Act 2011 Community Right to Bid Procedural Fairness Viability of Community Assets

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Parties

Annakut Limited

Appellant

East Herts Council

First Respondent

Aston Parish Council

Second Respondent

Procedural Posture

Community Right to Bid Appeal / First Tier Tribunal Appeal Determination

Legal Issues

  1. 1 Whether procedural failings by East Herts Council invalidate the listing of the Rose and Crown as an Asset of Community Value
  2. 2 Whether it is realistic to think that the Rose and Crown could be used for a qualifying community purpose within the next five years

Ratio Decidendi

Procedural irregularities in the nomination and listing process do not invalidate the listing due to statutory safeguards. The evidence establishes that the Rose and Crown furthered the social wellbeing of the local community in the recent past, and it is realistic to think that it could do so again within the next five years, satisfying the requirements of section 88(2) of the Localism Act 2011.

Court Disposition

Appeal dismissed

Orders

  • Rose and Crown remains listed as an Asset of Community Value