Newriver Trustee 7 Ltd & Anor v Warrington Borough Council [2017] UKFTT CR_2017_0003 (18 September 2017)

Newriver Trustee 7 Ltd & Anor v Warrington Borough Council [2017] UKFTT CR_2017_0003 (18 September 2017)

The Blue Land forms a physical and functional part of the beer garden and public house, and its proximity and accessibility mean it is used as part of the asset of community value. The enjoyment and amenity of the beer garden are substantially enhanced by the Blue Land, and it is realistic to think this use will continue. The criteria of s.88(1) of the Localism Act 2011 are satisfied for the whole of the nominated land, including the Blue Land.

Citation
[2017] UKFTT CR_2017_0003
Parties
Appellant: Newriver Trustee 7 Limited; Appellant: Newriver Trustee 8 Limited; Respondent: Warrington Borough Council
Jurisdiction
United Kingdom
Judgment Date
18 September 2017
Procedural Posture
Appeal / First Tier Tribunal (general Regulatory Chamber) Decision
Outcome
Appeal dismissed
Legal Topics
Assets of Community Value, Localism Act 2011, Land Use, Community Rights
Administrative Law Local Government Law Property Law Assets of Community Value Localism Act 2011 Land Use Community Rights

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Parties

Newriver Trustee 7 Limited

Appellant

Newriver Trustee 8 Limited

Appellant

Warrington Borough Council

Respondent

Procedural Posture

Appeal / First Tier Tribunal (general Regulatory Chamber) Decision

Legal Issues

  1. 1 Whether the 'Blue Land' forms part of the asset of community value under s.88 of the Localism Act 2011
  2. 2 Whether the Blue Land is in actual current use or has been used in the recent past to further the social wellbeing or interests of the local community
  3. 3 Whether the Blue Land should be delisted from the nominated land

Ratio Decidendi

The Blue Land forms a physical and functional part of the beer garden and public house, and its proximity and accessibility mean it is used as part of the asset of community value. The enjoyment and amenity of the beer garden are substantially enhanced by the Blue Land, and it is realistic to think this use will continue. The criteria of s.88(1) of the Localism Act 2011 are satisfied for the whole of the nominated land, including the Blue Land.

Court Disposition

Appeal dismissed

Orders

  • The listing of The Sportsman’s Arms, including the Blue Land, as an asset of community value is upheld.