Roffe v West Berkshire Council & Anor [2021] UKFTT CR-2019-0010 (GRC) (13 January 2021)

Roffe v West Berkshire Council & Anor [2021] UKFTT CR-2019-0010 (GRC) (13 January 2021)

Procedural defects in the nomination and notification process did not cause substantial prejudice to the appellant and were properly waived. The evidence established that The Winterbourne Arms furthered the social wellbeing or interests of the local community in the recent past, and it is realistic to think that non-ancillary use furthering such wellbeing or interests could occur within the next five years. The requirements of section 88(2) of the Localism Act 2011 are met.

Citation
[2021] UKFTT CR-2019-0010 (GRC)
Parties
Appellant: Nicholas Roffe; First Respondent: West Berkshire Council; Second Respondent: Winterbourne Parish
Jurisdiction
United Kingdom
Judgment Date
13 January 2021
Procedural Posture
Appeal / First Tier Tribunal (general Regulatory Chamber) Decision on Appeal
Outcome
Appeal dismissed
Legal Topics
Assets of Community Value, Community Right to Bid, Localism Act 2011, Procedural Fairness, Regulatory Compliance
Administrative Law Local Government Law Property Law Assets of Community Value Community Right to Bid Localism Act 2011 Procedural Fairness Regulatory Compliance

Case Brief

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Parties

Nicholas Roffe

Appellant

West Berkshire Council

First Respondent

Winterbourne Parish

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the nomination for listing as an Asset of Community Value met procedural requirements under the 2012 Regulations
  2. 2 Whether failure to notify the owner prejudiced the process
  3. 3 Whether The Winterbourne Arms furthered the social wellbeing or interests of the local community in the recent past under section 88(2)(a) of the Localism Act 2011

Ratio Decidendi

Procedural defects in the nomination and notification process did not cause substantial prejudice to the appellant and were properly waived. The evidence established that The Winterbourne Arms furthered the social wellbeing or interests of the local community in the recent past, and it is realistic to think that non-ancillary use furthering such wellbeing or interests could occur within the next five years. The requirements of section 88(2) of the Localism Act 2011 are met.

Court Disposition

Appeal dismissed

Orders

  • The decision to list The Winterbourne Arms as an Asset of Community Value is upheld.