Donford Ltd v Bracknell Forest Borough Council & Anor [2021] UKFTT CR-2021-0001 (GRC) (22 October 2021)

Donford Ltd v Bracknell Forest Borough Council & Anor [2021] UKFTT CR-2021-0001 (GRC) (22 October 2021)

A straightforward interpretation of Schedule 1 of the Assets of Community Value (England) Regulations 2012 requires that land owned by a single owner, which can be reached from the residence without crossing land not owned by that owner, is excluded from listing as an ACV. The Property, although not used for residential purposes and physically separated, is 'land connected with a residence' as defined and is therefore statutorily excluded from listing. No additional tests of physical or functional relationship are required.

Citation
[2021] UKFTT CR-2021-0001 (GRC)
Parties
Appellant: Donford Limited; First Respondent: Bracknell Forest Borough Council; Second Respondent: Moira Gaw (for Residents of Winkfield and Cranbourne)
Jurisdiction
United Kingdom
Judgment Date
22 October 2021
Procedural Posture
Appeal Against ACV Listing Review Decision / Final Judgment
Outcome
Appeal allowed
Legal Topics
Assets of Community Value, Community Right to Bid, Localism Act 2011, Statutory Exclusion of Land, Schedule 1 Interpretation
Administrative Law Property Law Statutory Interpretation Assets of Community Value Community Right to Bid Localism Act 2011 Statutory Exclusion of Land Schedule 1 Interpretation

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Parties

Donford Limited

Appellant

Bracknell Forest Borough Council

First Respondent

Moira Gaw (for Residents of Winkfield and Cranbourne)

Second Respondent

Procedural Posture

Appeal Against ACV Listing Review Decision / Final Judgment

Legal Issues

  1. 1 Whether the Property is statutorily excluded from listing as an Asset of Community Value under Schedule 1 of the Assets of Community Value (England) Regulations 2012
  2. 2 Interpretation of 'land connected with a residence' for ACV purposes

Ratio Decidendi

A straightforward interpretation of Schedule 1 of the Assets of Community Value (England) Regulations 2012 requires that land owned by a single owner, which can be reached from the residence without crossing land not owned by that owner, is excluded from listing as an ACV. The Property, although not used for residential purposes and physically separated, is 'land connected with a residence' as defined and is therefore statutorily excluded from listing. No additional tests of physical or functional relationship are required.

Court Disposition

Appeal allowed

Orders

  • The Property, Cranbourne and Winkfield Royal British Legion Hall, Hatchet Lane, Cranbourne, Berkshire SL4 2EE, is to be removed from the list of Assets of Community Value.