Marshall & Ors v Arun District Council & Anor [2017] UKFTT CR-2016-0025 (GRC) (30 April 2017)

Marshall & Ors v Arun District Council & Anor [2017] UKFTT CR-2016-0025 (GRC) (30 April 2017)

The nomination for listing the Seaview Hotel as an asset of community value was invalid because there was no organized group or 'unincorporated body' as required by the legislation; thus, the requirements of section 89(2)(b)(iii) and Regulation 5(1)(c) were not satisfied. Consequently, the Seaview Hotel should not have been included on the list of assets of community value, and the appeal succeeds on this ground.

Citation
[2017] UKFTT CR-2016-0025 (GRC)
Parties
Appellant: Jonathan David Marshall; Appellant: Juliette Grace Claire Marshall; Appellant: Bespoke Corporate Trustees Limited (as trustees of the J Marshall Limited SSAS); First Respondent: Arun District Council; Second Respondent: Chris Shore
Jurisdiction
United Kingdom
Judgment Date
30 April 2017
Procedural Posture
Appeal / First Tier Tribunal (general Regulatory Chamber) Decision on Merits
Outcome
Appeal allowed
Legal Topics
Assets of Community Value, Localism Act 2011, Nomination Validity, Community Right to Bid, Statutory Interpretation
Administrative Law Local Government Law Property Law Assets of Community Value Localism Act 2011 Nomination Validity Community Right to Bid Statutory Interpretation

Case Brief

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Parties

Jonathan David Marshall

Appellant

Juliette Grace Claire Marshall

Appellant

Bespoke Corporate Trustees Limited (as trustees of the J Marshall Limited SSAS)

Appellant

Arun District Council

First Respondent

Chris Shore

Second Respondent

Procedural Posture

Appeal / First Tier Tribunal (general Regulatory Chamber) Decision on Merits

Legal Issues

  1. 1 Whether the Seaview Hotel is exempt from listing as an asset of community value under the Localism Act 2011 and associated regulations
  2. 2 Whether the nomination for listing was valid under section 89 of the Localism Act 2011 and regulations 4-6 of the Assets of Community Value (England) Regulations 2012

Ratio Decidendi

The nomination for listing the Seaview Hotel as an asset of community value was invalid because there was no organized group or 'unincorporated body' as required by the legislation; thus, the requirements of section 89(2)(b)(iii) and Regulation 5(1)(c) were not satisfied. Consequently, the Seaview Hotel should not have been included on the list of assets of community value, and the appeal succeeds on this ground.

Court Disposition

Appeal allowed

Orders

  • The Seaview Hotel is to be removed from the list of assets of community value.