New River Trustee Ltd v Wyre Forest District Council [2016] UKFTT CR-2015-0013 (GRC) (11 May 2016)

New River Trustee Ltd v Wyre Forest District Council [2016] UKFTT CR-2015-0013 (GRC) (11 May 2016)

The woodland does not have a sufficient physical or functional relationship with the Swan Public House, car park, and garden, and there is no actual current use of the woodland by the community that furthers social wellbeing or interests. Therefore, it does not meet the requirements for listing as an asset of...

Source-derived case information.

Citation
[2016] UKFTT CR-2015-0013 (GRC)
Parties
Appellant: New River Trustee 7 Ltd; Appellant: New River Trustee 8 Ltd; Respondent: Wyre Forest District Council; Second Respondent: The Friends and Residents of Blakedown
Jurisdiction
United Kingdom
Judgment Date
11 May 2016
Procedural Posture
Community Right to Bid Appeal / First Tier Tribunal Appeal
Outcome
Appeal allowed
Legal Topics
Assets of Community Value, Localism Act 2011, Land Use, Community Rights
Administrative Law Property Law Local Government Law Assets of Community Value Localism Act 2011 Land Use Community Rights

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Parties

New River Trustee 7 Ltd

Appellant

New River Trustee 8 Ltd

Appellant

Wyre Forest District Council

Respondent

The Friends and Residents of Blakedown

Second Respondent

Procedural Posture

Community Right to Bid Appeal / First Tier Tribunal Appeal

Legal Issues

  1. 1 Whether the woodland adjacent to the Swan Public House should be listed as an asset of community value under the Localism Act 2011

Ratio Decidendi

The woodland does not have a sufficient physical or functional relationship with the Swan Public House, car park, and garden, and there is no actual current use of the woodland by the community that furthers social wellbeing or interests. Therefore, it does not meet the requirements for listing as an asset of community value under the Localism Act 2011.

Court Disposition

Appeal allowed

Orders

  • The woodland/wooded area is to be removed from the first respondent's list of assets of community value.