Haddon Property Development Ltd v Cheshire East Council & Anor [2016] UKFTT CR-2015-0017 (GRC) (11 May 2016 )

Haddon Property Development Ltd v Cheshire East Council & Anor [2016] UKFTT CR-2015-0017 (GRC) (11 May 2016 )

The Gorstyhill Golf Course does not meet the requirements for listing as an asset of community value under section 88(2) of the Localism Act 2011 because it is not realistic to think that, in the next five years, there could be non-ancillary use of the land that would further the social wellbeing or interests of the local community, given the lack of a viable clubhouse and insufficient evidence of alternative community uses.

Citation
[2016] UKFTT CR-2015-0017 (GRC)
Parties
Appellant: Haddon Property Development Ltd; First Respondent: Cheshire East Council; Second Respondent: Wychwood Community Group
Jurisdiction
United Kingdom
Procedural Posture
Statutory Appeal / Final Decision on Appeal
Outcome
appeal allowed in part
Legal Topics
Assets of Community Value, Localism Act 2011, Land Use Planning, Community Rights
Administrative Law Property Law Local Government Law Assets of Community Value Localism Act 2011 Land Use Planning Community Rights

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Parties

Haddon Property Development Ltd

Appellant

Cheshire East Council

First Respondent

Wychwood Community Group

Second Respondent

Procedural Posture

Statutory Appeal / Final Decision on Appeal

Legal Issues

  1. 1 Whether Gorstyhill Golf Course meets the requirements for listing as an asset of community value under section 88(2) of the Localism Act 2011

Ratio Decidendi

The Gorstyhill Golf Course does not meet the requirements for listing as an asset of community value under section 88(2) of the Localism Act 2011 because it is not realistic to think that, in the next five years, there could be non-ancillary use of the land that would further the social wellbeing or interests of the local community, given the lack of a viable clubhouse and insufficient evidence of alternative community uses.

Court Disposition

appeal allowed in part

Orders

  • The land comprising the Gorstyhill Golf Course (including the site of the temporary clubhouse) is to be removed from the list of assets of community value held by the first respondent.