Worthmore Properties Ltd v South Oxfordshire District Council & Anor [2017] UKFTT CR-2017-0005 (GRC) (28 July 2017)

Worthmore Properties Ltd v South Oxfordshire District Council & Anor [2017] UKFTT CR-2017-0005 (GRC) (28 July 2017)

On the evidence, it is realistic to think that in the next four years there could be non-ancillary use of the Crown Public House furthering the social wellbeing or social interests of the local community. The grounds for listing under section 88 are made out.

Citation
[2017] UKFTT CR-2017-0005 (GRC)
Parties
Appellant: Worthmore Properties Limited; First Respondent: South Oxfordshire District Council; Second Respondent: South Moreton Parish Council
Jurisdiction
United Kingdom
Judgment Date
28 July 2017
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Assets of Community Value, Community Right to Bid, Localism Act 2011, Listing Review, Compensation, Planning Permission
Property Law Local Government Law Assets of Community Value Community Right to Bid Localism Act 2011 Listing Review Compensation Planning Permission

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Parties

Worthmore Properties Limited

Appellant

South Oxfordshire District Council

First Respondent

South Moreton Parish Council

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether it is realistic to think that in the next five years there could be non-ancillary use of the Crown Public House that would further the social wellbeing or social interests of the local community under section 88(2)(b) of the Localism Act 2011
  2. 2 Whether the Crown Public House is economically viable as a community asset
  3. 3 Whether the car park should be divided and not all of it listed

Ratio Decidendi

On the evidence, it is realistic to think that in the next four years there could be non-ancillary use of the Crown Public House furthering the social wellbeing or social interests of the local community. The grounds for listing under section 88 are made out.

Court Disposition

appeal dismissed

Orders

  • The Crown Public House and its car park remain listed as an asset of community value under section 88 of the Localism Act 2011.