Pavillion (Watford) Limited v Three Rivers District Council
[2024] UKFTT 443 (GRC)
Tavern Group Properties Limited v South Kesteven District Council
12 February 2024
[2024] UKFTT 146 (GRC)
First-tier Tribunal
A pub was nominated to be protected as a community asset. The council agreed, but the pub owner appealed. The judge decided that a separate flat above the pub wasn't part of the community asset. Because the pub had failed for years and there was no plan to make it successful again as a community space, the judge said it shouldn't be protected.
Key Facts
- •Appeal concerning the Wheatsheaf Inn's inclusion on the List of Assets of Community Value (LACV).
- •The Inn comprises a ground floor pub and a first-floor flat with separate access.
- •Separate land registry titles for the Inn and an adjacent garden.
- •The pub closed in February 2023 after years of financial losses.
- •A community group, 'Save the Wheatsheaf Inn,' nominated the Inn for LACV listing.
- •The council initially listed the Inn and its curtilage, but not the garden.
Legal Principles
Localism Act 2011 (the Act) governs the listing of Assets of Community Value.
Localism Act 2011
Section 88(2) of the Act defines land of community value, considering past and future social use.
Localism Act 2011, Section 88(2)
Regulation 3 and Schedule 1 of the Assets of Community Value (England) Regulations 2012 exclude residences (with exceptions) from LACV listing.
Assets of Community Value (England) Regulations 2012
The 'realistic to think' test in Section 88(2)(b) sets a low threshold for determining the likelihood of future community use.
Various Tribunal Decisions, including Evenden Estates and R (oao TV Harrison CIC v Leeds School Sports Association
In determining what constitutes a 'building' under the Act, the Tribunal considers physical and functional separation of uses within a structure.
Wellington Pub Company v The Royal Borough of Kensington and Chelsea CR/2015/0007; Aron v Tunbridge Wells Borough Council CR/2021/0005
Outcomes
Appeal allowed.
The Tribunal found the flat to be a separate building, excluding it from LACV listing due to its residential use. Insufficient evidence existed to demonstrate a realistic likelihood of future community use for the pub within five years, despite past community engagement.
Similar Cases
Andrew Tarling v Somerset Council & Anor
[2024] UKFTT 442 (GRC)
Dragonfly Architectural Services Limited v Brighton & Hove City Council
[2023] UKFTT 946 (GRC)
Wrexham Court Parish Council v Slough Borough Council
[2024] UKFTT 33 (GRC)
Brian Newton v Derbyshire Dales District Council & Anor
[2024] UKFTT 435 (GRC)