Dunn v North Devon District Council [2017] UKFTT CR_2017_0008 (09 August 2017 )

Dunn v North Devon District Council [2017] UKFTT CR_2017_0008 (09 August 2017 )

The appeal had no reasonable prospect of success because the statutory requirements for listing as an asset of community value were met, motivation of nominators is irrelevant, the existence of other pubs or lease restrictions does not affect the listing, and the appellant's arguments did not raise any material legal issue.

Citation
[2017] UKFTT CR_2017_0008
Parties
Appellant: Carole Dunn; Respondent: North Devon District Council
Jurisdiction
United Kingdom
Procedural Posture
Community Right to Bid Appeal / Strike Out Application Under Rule 8(3)(c)
Outcome
Appeal struck out
Legal Topics
Assets of Community Value, Community Right to Bid, Localism Act 2010, Listing Review, Appeal Procedure
Administrative Law Local Government Law Assets of Community Value Community Right to Bid Localism Act 2010 Listing Review Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Carole Dunn

Appellant

North Devon District Council

Respondent

Procedural Posture

Community Right to Bid Appeal / Strike Out Application Under Rule 8(3)(c)

Legal Issues

  1. 1 Whether the appeal against listing of the Reform Inn as an asset of community value has a reasonable prospect of success
  2. 2 Whether the motivation of nominators is relevant under the Localism Act 2010
  3. 3 Whether the existence of other pubs or lease restrictions affects the listing

Ratio Decidendi

The appeal had no reasonable prospect of success because the statutory requirements for listing as an asset of community value were met, motivation of nominators is irrelevant, the existence of other pubs or lease restrictions does not affect the listing, and the appellant's arguments did not raise any material legal issue.

Court Disposition

Appeal struck out

Orders

  • The appeal is struck out under rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.