First-Tier Tribunal determines appeal under the Assets of Community Value (England) Regulations 2012


The First-Tier Tribunal (General Regulatory Chamber) gave judgment last week in an appeal concerning the land of community value regime found in Part 5 of the Localism Act 2011 and the Assets of Community Value (England) Regulations 2012 (Evenden Estates v Brighton and Hove City Council; Bristol Rose Hill Tavern Action Group CR/2014/0015).

Michael Lee represented the Council, which was responding to an appeal brought by the land owner. The appeal was heard by Judge Lane, who became President of the General Regulatory Chamber of the First-Tier Tribunal in December 2014. As with many appeals in this jurisdiction, the land in question housed a pub which had ceased to trade. The decision contains observations about the relevance of a closed pub’s recent trading history, and its current planning status, when assessing its future prospects for the purpose of section 88(2)(b) of the Localism Act 2011.

The First-Tier Tribunal dismissed the owner’s appeal and upheld the Council’s listing. A copy of the decision can be found here.

Michael was instructed by Brighton and Hove City Council.