Top Co Stocking Pelham Ltd v East Hertfordshire Council & Anor [2019] UKFTT CR-2018-0007 (GRC) (13 February 2019)

Top Co Stocking Pelham Ltd v East Hertfordshire Council & Anor [2019] UKFTT CR-2018-0007 (GRC) (13 February 2019)

There is strong evidence of community involvement, realistic bids, and a properly formulated business case for the Cock Inn. Given the planning history and recent inspector decisions, future use as a public house is a realistic possibility within the next five years. The appeal fails as the statutory test is met.

Source-derived case information.

Citation
[2019] UKFTT CR-2018-0007 (GRC)
Parties
Appellant: Top Co Stocking Pelham Limited; First Respondent: East Hertfordshire Council; Second Respondent: Stocking Pelham Parish Council
Jurisdiction
United Kingdom
Judgment Date
13 February 2019
Procedural Posture
Appeal / First Tier Tribunal (general Regulatory Chamber) Decision
Outcome
Appeal dismissed
Legal Topics
Asset of Community Value, Localism Act 2011, Community Right to Bid, Planning Permission, Viability of Public House
Administrative Law Local Government Law Property Law Asset of Community Value Localism Act 2011 Community Right to Bid Planning Permission Viability of Public House

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Parties

Top Co Stocking Pelham Limited

Appellant

East Hertfordshire Council

First Respondent

Stocking Pelham Parish Council

Second Respondent

Procedural Posture

Appeal / First Tier Tribunal (general Regulatory Chamber) Decision

Legal Issues

  1. 1 Whether the Cock Inn should remain listed as an Asset of Community Value under s88(2)(b) of the Localism Act 2011
  2. 2 Whether there is a realistic prospect of non-ancillary community use of the property in the next five years

Ratio Decidendi

There is strong evidence of community involvement, realistic bids, and a properly formulated business case for the Cock Inn. Given the planning history and recent inspector decisions, future use as a public house is a realistic possibility within the next five years. The appeal fails as the statutory test is met.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.