Russell v Bracknell Forest Borough Council & Punch Partnerships (PML) Ltd: [2022] UKUT 75 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Jones on 9 March 2022.
Read the full decision in .
Judicial Summary
The First-Tier Tribunal erred in law in a material manner in the decision it came to on 28 January 2020 allowing PML’s appeal against a decision of the Council dated 18 April 2019 to list the Rose and Crown Pub as an asset of community value for the purposes of section 89(1) of the Localism Act 2011 and Regulation 2 of the Assets of Community Value (England) Regulations 2012 . The appeal to the Upper Tribunal was allowed setting aside the FTT’s decision which had removed the Pub from the lists of Asset of Community Value.
The FTT erred in law on two grounds, namely in: a) deciding that the Rose and Crown Community Group of which the Appellant is chairman, is not an ‘unincorporated body’ for the purposes of Regulation 5(1)(c) by imposing a requirement of unanimity over its motive, policy and purpose; and
b) concluding that the test in section 88(1)(b) of the Act was not satisfied because not all of the members of the Group sought to purchase the Pub.
Guidance was given on interpreting Regulation 5(1)(c) - the definitions of a voluntary or community body and an unincorporated body.
The Upper Tribunal remade the decision dismissing PML’s against the decision of the Council to list the Rose and Crown Pub as an asset of community value. The Upper Tribunal confirmed the decision of the Council to include the Pub in the list of assets of community value”