Hamna Wakaf Ltd v London Borough Of Lambeth & Anor [2016] UKFTT CR-2015-0026 (GRC) (19 July 2016)

Hamna Wakaf Ltd v London Borough Of Lambeth & Anor [2016] UKFTT CR-2015-0026 (GRC) (19 July 2016)

The Tribunal held that the nomination of the Grosvenor Public House was valid as a community nomination under the Localism Act 2011 and the relevant regulations. CAMRA South West London Branch was a qualifying unincorporated body with sufficient local connection and membership. Procedural deficiencies in the nomination form could be rectified by further evidence at the review stage. It was realistic to think that the property could be used for community value purposes in the next five years, given planning conditions and the status of the property.

Citation
[2016] UKFTT CR-2015-0026 (GRC)
Parties
Appellant: Hamna Wakaf Limited; First Respondent: London Borough of Lambeth; Second Respondent: CAMRA South West London
Jurisdiction
United Kingdom
Judgment Date
19 July 2016
Procedural Posture
Appeal Against Asset of Community Value Listing Under Localism Act 2011 / First Tier Tribunal (general Regulatory Chamber) Determination After Oral Hearing
Outcome
Appeal dismissed
Legal Topics
Assets of Community Value, Community Right to Bid, Statutory Interpretation, Procedural Requirements for Nominations, Planning Permission and Use Classes
Administrative Law Planning Law Local Government Law Assets of Community Value Community Right to Bid Statutory Interpretation Procedural Requirements for Nominations Planning Permission and Use Classes

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Parties

Hamna Wakaf Limited

Appellant

London Borough of Lambeth

First Respondent

CAMRA South West London

Second Respondent

Procedural Posture

Appeal Against Asset of Community Value Listing Under Localism Act 2011 / First Tier Tribunal (general Regulatory Chamber) Determination After Oral Hearing

Legal Issues

  1. 1 Whether the nomination of the Grosvenor Public House as an asset of community value was valid under the Localism Act 2011 and associated regulations
  2. 2 Whether CAMRA South West London Branch was a qualifying body to make the nomination
  3. 3 Whether the procedural requirements for a community nomination were satisfied

Ratio Decidendi

The Tribunal held that the nomination of the Grosvenor Public House was valid as a community nomination under the Localism Act 2011 and the relevant regulations. CAMRA South West London Branch was a qualifying unincorporated body with sufficient local connection and membership. Procedural deficiencies in the nomination form could be rectified by further evidence at the review stage. It was realistic to think that the property could be used for community value purposes in the next five years, given planning conditions and the status of the property.

Court Disposition

Appeal dismissed

Orders

  • The listing of the Grosvenor Public House as an asset of community value is upheld.
  • No order as to costs.