Curtis Sloane Ltd v Bassetlaw DC & Anor [2016] UKFTT CR-2015-0021 (GRC) (27 June 2016)

Curtis Sloane Ltd v Bassetlaw DC & Anor [2016] UKFTT CR-2015-0021 (GRC) (27 June 2016)

The evidence demonstrated that the Robin Hood pub had recently furthered the social wellbeing of the community and that it was realistic to think it could do so again within five years. The appellant's arguments regarding financial viability and lack of community interest were not supported by reliable evidence. The community's desire and willingness to use and support the pub, coupled with its unique position as the only pub in the village and the planning context, justified its continued listing as an asset of community value.

Citation
[2016] UKFTT CR-2015-0021 (GRC)
Parties
Appellant: Curtis Sloane Ltd; First Respondent: Bassetlaw District Council; Second Respondent: Elkesley Parish Council
Jurisdiction
United Kingdom
Judgment Date
27 June 2016
Procedural Posture
Appeal / First Tier Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Assets of Community Value, Localism Act 2011, Community Rights, Planning and Development
Administrative Law Local Government Law Assets of Community Value Localism Act 2011 Community Rights Planning and Development

Case Brief

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Parties

Curtis Sloane Ltd

Appellant

Bassetlaw District Council

First Respondent

Elkesley Parish Council

Second Respondent

Procedural Posture

Appeal / First Tier Tribunal Decision

Legal Issues

  1. 1 Whether the Robin Hood pub and its adjacent land meet the requirements of section 88(2) of the Localism Act 2011 for listing as an asset of community value

Ratio Decidendi

The evidence demonstrated that the Robin Hood pub had recently furthered the social wellbeing of the community and that it was realistic to think it could do so again within five years. The appellant's arguments regarding financial viability and lack of community interest were not supported by reliable evidence. The community's desire and willingness to use and support the pub, coupled with its unique position as the only pub in the village and the planning context, justified its continued listing as an asset of community value.

Court Disposition

Appeal dismissed

Orders

  • The Robin Hood pub and its adjacent land remain listed as an asset of community value.