Tribunal lacks jurisdiction to hear appeal in Wrexham Court Parish Council v Slough Borough Council case under Localism Act 2011

Citation: [2024] UKFTT 33 (GRC)
Judgment on

Introduction

In the case of Wrexham Court Parish Council v Slough Borough Council ([2024] UKFTT 33 (GRC)), the First-tier Tribunal (General Regulatory Chamber) was presented with an application to strike out an appeal concerning the Community Right to Bid under the Localism Act 2011. The tribunal was tasked with assessing whether it held jurisdiction to hear the appeal and whether the appellant had standing to bring the case forward.

Key Facts

Wrexham Court Parish Council (the Appellant) filed a Notice of Appeal against Slough Borough Council’s (the Respondent) decision regarding the inclusion of assets on a list of assets of community value. The Respondent applied for a strike out on the grounds that the Tribunal lacked jurisdiction to hear the appeal, and the Appellant did not have standing. Despite invitations from the Tribunal, the Appellant’s submissions failed to clarify its standing or make a coherent case for the Tribunal’s jurisdiction.

The Judge, Alison McKenna, assessed the legal principles based on Rule 8 (2) (a) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, along with the statutory framework set by Parliament. The specific legislation in focus was Section 91 of the Localism Act 2011 and The Assets of Community Value (England) Regulations 2012.

The judgment relied on three key legal principles:

  1. The scope of the Tribunal’s jurisdiction: The Tribunal can only hear appeals that are explicitly within their remit as established by primary legislation.
  2. The parameters of the right of appeal: The relevant legislation (The Assets of Community Value (England) Regulations 2012) specifies that appeals can only be brought against listing review decisions by the property owner, not by a nominator regarding an unsuccessful nomination.
  3. Binding precedent: The Court of Appeal judgment in Banner Homes v St. Albans City and District Council and Verulam Residents’ Association [2018] EWCA Civ 1187 affirmed the understanding of the legislative framework relevant to the Community Right to Bid.

Outcomes

Judge McKenna concluded, based on the principles above, that the Tribunal lacked jurisdiction to hear the appeal as it was not within the scope granted by the statute. Since the Appellant did not possess a right of appeal as per the Asset of Community Value Regulations and the issue did not concern a listing review decision but rather an unsuccessful nomination, the case could not proceed. Therefore, the Tribunal struck out the appeal according to mandatory provisions under Rule 8 (2) (a).

Conclusion

The case of Wrexham Court Parish Council v Slough Borough Council underscores the intrinsic limitations of Tribunal jurisdiction and the critical importance of statutory interpretation when approaching appeals. The decision to strike out the appeal reflects a strict adherence to the legislative bounds set by Parliament and the role of the Tribunal within those bounds. It also signifies the appropriate avenue for a challenge by an unsuccessful nominator, in this context, would be through judicial review, not via Tribunal proceedings. This outcome serves as a reminder for legal professionals about the nuances of jurisdiction and the specific routes available for challenging local authority decisions.