Greyhound Inn Developments Ltd v Bromsgrove District Council & Anor [2017] UKFTT CR-2017-0004 (GRC) (2 August 2017)

Greyhound Inn Developments Ltd v Bromsgrove District Council & Anor [2017] UKFTT CR-2017-0004 (GRC) (2 August 2017)

It is not realistic to think that the Greyhound Inn would serve further the social wellbeing or social interests of the local community by re-opening as a pub within the next five years, given its strategic importance to residential development and the commercial interests of the appellant.

Citation
[2017] UKFTT CR-2017-0004 (GRC)
Parties
Appellant: Greyhound Inn Developments Ltd; First Respondent: Bromsgrove District Council; Second Respondent: CAMRA Redditch and Bromsgrove Branch
Jurisdiction
United Kingdom
Judgment Date
02 August 2017
Procedural Posture
Community Right to Bid Appeal / First Tier Tribunal (general Regulatory Chamber) Decision
Outcome
Appeal allowed
Legal Topics
Asset of Community Value, Localism Act 2011, Planning Permission, Housing Supply, Community Pub
Planning Law Local Government Law Property Law Asset of Community Value Localism Act 2011 Planning Permission Housing Supply Community Pub

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Parties

Greyhound Inn Developments Ltd

Appellant

Bromsgrove District Council

First Respondent

CAMRA Redditch and Bromsgrove Branch

Second Respondent

Procedural Posture

Community Right to Bid Appeal / First Tier Tribunal (general Regulatory Chamber) Decision

Legal Issues

  1. 1 Whether it is realistic to think that the Greyhound Inn could be used to further the social wellbeing or interests of the local community within five years under section 88(2)(b) of the Localism Act 2011

Ratio Decidendi

It is not realistic to think that the Greyhound Inn would serve further the social wellbeing or social interests of the local community by re-opening as a pub within the next five years, given its strategic importance to residential development and the commercial interests of the appellant.

Court Disposition

Appeal allowed

Orders

  • The listing of the Greyhound Inn as an asset of community value is overturned.