Fielder Harrogate Borough Council [2019] UKFTT CR-2018-0006 (GRC) (30 April 2019 )

Fielder Harrogate Borough Council [2019] UKFTT CR-2018-0006 (GRC) (30 April 2019 )

The applicant did not make a valid claim for compensation under the Regulations because the claim was not made within thirteen weeks after the loss was incurred or finished being incurred, as required by regulation 14(5)(b). Therefore, the respondent is not liable to pay compensation.

Citation
[2019] UKFTT CR-2018-0006 (GRC)
Parties
Applicant: David Fielder; Respondent: Harrogate Borough Council
Jurisdiction
United Kingdom
Procedural Posture
Appeal / Preliminary Issue Ruling and Permission to Appeal
Outcome
Appeal dismissed on preliminary issue; respondent not liable to pay compensation.
Legal Topics
Assets of Community Value, Compensation, Community Right to Bid, Time Bar, Permitted Development Rights
Administrative Law Property Law Assets of Community Value Compensation Community Right to Bid Time Bar Permitted Development Rights

Case Brief

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Parties

David Fielder

Applicant

Harrogate Borough Council

Respondent

Procedural Posture

Appeal / Preliminary Issue Ruling and Permission to Appeal

Legal Issues

  1. 1 Whether compensation is payable for losses arising from listing property as Asset of Community Value under the Assets of Community Value (England) Regulations 2012
  2. 2 Whether the claim for compensation was time-barred under regulation 14(5)(b)
  3. 3 Whether losses claimed are compensatable under the statutory scheme

Ratio Decidendi

The applicant did not make a valid claim for compensation under the Regulations because the claim was not made within thirteen weeks after the loss was incurred or finished being incurred, as required by regulation 14(5)(b). Therefore, the respondent is not liable to pay compensation.

Court Disposition

Appeal dismissed on preliminary issue; respondent not liable to pay compensation.

Orders

  • Permission to appeal to Upper Tribunal granted on all grounds.
  • No review of Tribunal's Decision undertaken.