Neem Genie Company Ltd v Telford & Wrekin Council & Anor [2016] UKFTT CR-2016-0010 (GRC) (31 October 2016)

Neem Genie Company Ltd v Telford & Wrekin Council & Anor [2016] UKFTT CR-2016-0010 (GRC) (31 October 2016)

The Swan Inn satisfies the statutory requirements for listing as an asset of community value under section 88(2) of the Localism Act 2011 with respect to its ground floor, as there is evidence of recent community use and realistic prospects for future community use within five years, particularly if enabling...

Source-derived case information.

Citation
[2016] UKFTT CR-2016-0010 (GRC)
Parties
Appellant: Neem Genie Company Ltd; First Respondent: Telford & Wrekin Council; Second Respondent: Waters Upton Parish Council
Jurisdiction
United Kingdom
Judgment Date
31 October 2016
Procedural Posture
Appeal / Final Judgment
Outcome
appeal allowed in part
Legal Topics
Assets of Community Value, Localism Act 2011, Public House Viability, Planning Permission, Community Rights
Local Government Property Law Planning Law Assets of Community Value Localism Act 2011 Public House Viability Planning Permission Community Rights

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Parties

Neem Genie Company Ltd

Appellant

Telford & Wrekin Council

First Respondent

Waters Upton Parish Council

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Swan Inn qualifies as an asset of community value under section 88(2) of the Localism Act 2011
  2. 2 Whether the past and future conditions for listing are satisfied
  3. 3 Extent of listing regarding ground and upper floors

Ratio Decidendi

The Swan Inn satisfies the statutory requirements for listing as an asset of community value under section 88(2) of the Localism Act 2011 with respect to its ground floor, as there is evidence of recent community use and realistic prospects for future community use within five years, particularly if enabling development is permitted. The upper floor does not satisfy the future condition and should be removed from the list.

Court Disposition

appeal allowed in part

Orders

  • Ground floor of Swan Inn remains listed as asset of community value
  • Upper floor of Swan Inn to be removed from the list