Wakefield v Grimston, Saxelby & Shoby Parish Council [2020] UKFTT CR-2020-0006 (GRC) (18 January 2021)

Wakefield v Grimston, Saxelby & Shoby Parish Council [2020] UKFTT CR-2020-0006 (GRC) (18 January 2021)

The flat is functionally inseparable from the public house and is not excluded from listing as an asset of community value; the Property furthered the social wellbeing and interests of the local community in the recent past; it is realistic to think that non-ancillary use furthering community interests could occur within the next five years; the appeal is dismissed and the listing stands.

Citation
[2020] UKFTT CR-2020-0006 (GRC)
Parties
Appellant: Haydn David Wakefield; First Respondent: Melton Borough Council; Second Respondent: Grimston, Saxelby & Shoby Parish Council
Jurisdiction
United Kingdom
Judgment Date
18 January 2021
Procedural Posture
Appeal / Final Decision
Outcome
appeal dismissed
Legal Topics
Assets of Community Value, Community Right to Bid, Localism Act, Listing of Property, Appeal Against Listing, Residential Exclusion, Community Nomination
Administrative Law Local Government Law Property Law Assets of Community Value Community Right to Bid Localism Act Listing of Property Appeal Against Listing +2 more

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Parties

Haydn David Wakefield

Appellant

Melton Borough Council

First Respondent

Grimston, Saxelby & Shoby Parish Council

Second Respondent

Procedural Posture

Appeal / Final Decision

Legal Issues

  1. 1 Whether the flat above the public house is excluded from ACV listing by the 2012 Regulations
  2. 2 Whether the Property furthered the social wellbeing or social interests of the local community in the recent past
  3. 3 Whether it is realistic to think that there could be non-ancillary use of the Property in the next five years furthering social wellbeing or interests

Ratio Decidendi

The flat is functionally inseparable from the public house and is not excluded from listing as an asset of community value; the Property furthered the social wellbeing and interests of the local community in the recent past; it is realistic to think that non-ancillary use furthering community interests could occur within the next five years; the appeal is dismissed and the listing stands.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The listing of the Property, including the flat, as an asset of community value stands.