Punch Partnership (PML) Ltd v Arun District Council & Anor [2018] UKFTT CR-2018-0001 (GRC) (7 June 2018)

Punch Partnership (PML) Ltd v Arun District Council & Anor [2018] UKFTT CR-2018-0001 (GRC) (7 June 2018)

The nomination was validly made by CAMRA – Arun and Adur Branch, which qualifies as a voluntary or community body with a local connection, does not distribute surplus to members, applies surplus for local benefit, and had sufficient local members; the appeal is dismissed as the grounds lack merit.

Citation
[2018] UKFTT CR-2018-0001 (GRC)
Parties
Appellant: Punch Partnership (PML) Ltd; First Respondent: Arun District Council; Second Respondent: CAMRA – Arun and Adur Branch
Jurisdiction
United Kingdom
Judgment Date
07 June 2018
Procedural Posture
Community Right to Bid Appeal / Appeal Against Listing Review Decision, Determined on Paper
Outcome
Appeal dismissed
Legal Topics
Assets of Community Value, Community Right to Bid, Localism Act 2011, Nomination Validity, Legal Personality of Unincorporated Associations
Administrative Law Local Government Law Assets of Community Value Community Right to Bid Localism Act 2011 Nomination Validity Legal Personality of Unincorporated Associations

Case Brief

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Parties

Punch Partnership (PML) Ltd

Appellant

Arun District Council

First Respondent

CAMRA – Arun and Adur Branch

Second Respondent

Procedural Posture

Community Right to Bid Appeal / Appeal Against Listing Review Decision, Determined on Paper

Legal Issues

  1. 1 Whether the nomination of the Henty Arms as an asset of community value was valid under the Localism Act 2011 and associated regulations
  2. 2 Whether CAMRA – Arun and Adur Branch had legal status to make the nomination
  3. 3 Whether the nomination complied with requirements regarding surplus distribution and local connection

Ratio Decidendi

The nomination was validly made by CAMRA – Arun and Adur Branch, which qualifies as a voluntary or community body with a local connection, does not distribute surplus to members, applies surplus for local benefit, and had sufficient local members; the appeal is dismissed as the grounds lack merit.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.