The Bay Trust v Dover District Council & Anor [2016] UKFTT CR-2016-0002 (GRC) (3 October 2016)

The Bay Trust v Dover District Council & Anor [2016] UKFTT CR-2016-0002 (GRC) (3 October 2016)

The Tribunal found that the Glebe Field had been used for many years for non-ancillary recreational purposes by the Scout Group and local children, with the permission or reasonable belief of permission from the landowners. This use furthered the social wellbeing of the local community. Despite the current intention to develop the land, it was realistic to think that community use could continue if development did not proceed. Therefore, the grounds for listing the land as an asset of community value were established.

Citation
[2016] UKFTT CR-2016-0002 (GRC)
Parties
Appellant: The Bay Trust; First Respondent: Dover District Council; Second Respondent: 5th Dover (St Margaret's) Scout Group
Jurisdiction
United Kingdom
Judgment Date
03 October 2016
Procedural Posture
Appeal Against Listing Review Decision (community Right to Bid) / First Tier Tribunal (general Regulatory Chamber) Final Decision
Outcome
Appeal dismissed
Legal Topics
Assets of Community Value, Community Right to Bid, Localism Act 2011, Land Use, Charitable Trusts
Administrative Law Property Law Charity Law Assets of Community Value Community Right to Bid Localism Act 2011 Land Use Charitable Trusts

Case Brief

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Parties

The Bay Trust

Appellant

Dover District Council

First Respondent

5th Dover (St Margaret's) Scout Group

Second Respondent

Procedural Posture

Appeal Against Listing Review Decision (community Right to Bid) / First Tier Tribunal (general Regulatory Chamber) Final Decision

Legal Issues

  1. 1 Whether there is an established non-ancillary use of the land
  2. 2 Whether the use furthers a social interest
  3. 3 Whether it is realistic to think that such use will continue

Ratio Decidendi

The Tribunal found that the Glebe Field had been used for many years for non-ancillary recreational purposes by the Scout Group and local children, with the permission or reasonable belief of permission from the landowners. This use furthered the social wellbeing of the local community. Despite the current intention to develop the land, it was realistic to think that community use could continue if development did not proceed. Therefore, the grounds for listing the land as an asset of community value were established.

Court Disposition

Appeal dismissed

Orders

  • The listing of the Glebe Field as an asset of community value is upheld.