Pavillion (Watford) Limited v Three Rivers District Council
[2024] UKFTT 443 (GRC)
Wrexham Court Parish Council v Slough Borough Council
5 January 2024
[2024] UKFTT 33 (GRC)
First-tier Tribunal
A group tried to appeal a council's decision not to protect some buildings. The court said they couldn't appeal this way; they need to use a different legal process (judicial review) to challenge the council's decision.
Key Facts
- •Wrexham Court Parish Council appealed Slough Borough Council's decision not to include certain properties on the list of Assets of Community Value.
- •The appeal was filed on 5 February 2023.
- •Slough Borough Council applied to strike out the appeal on 10 May and 9 November 2023.
- •The Appellant's standing and the basis of its appeal were initially unclear.
- •The Appellant argued the legislation was outdated and should be interpreted to grant the Tribunal jurisdiction.
- •The Appellant also challenged the process by which the Respondent's decision was reached.
Legal Principles
The Tribunal only has jurisdiction to determine appeals within the statutory framework created by Parliament. Jurisdiction cannot be conferred through interpretation.
Tribunal's Rules and reasoning in the decision
Section 91 of the Localism Act 2011 requires a listing authority to give statutory notice of inclusion or removal of an asset; Regulation 11 of The Assets of Community Value (England) Regulations 2012 confers a right of appeal to the Tribunal against a listing review decision (but not against an initial decision not to include a property).
Localism Act 2011, s.91; Assets of Community Value (England) Regulations 2012, reg. 11
The Court of Appeal in *Banner Homes v St. Albans City and District Council and Verulam Residents’ Association* [2018] EWCA Civ 1187 confirmed that an unsuccessful nominator can only challenge a s.91 decision by judicial review.
Banner Homes v St. Albans City and District Council and Verulam Residents’ Association [2018] EWCA Civ 1187
If the Tribunal lacks jurisdiction, it must strike out the appeal; questions about the decision-making process fall under the High Court's judicial review jurisdiction.
Tribunal's Rules and reasoning in the decision
Outcomes
The appeal was struck out.
The Tribunal lacked jurisdiction to determine the appeal as the Appellant's challenge was to an initial decision not to list properties, not a listing review decision. The appropriate avenue for challenge was judicial review.