Court rules it has no jurisdiction to consider asset of community value decision

06 Feb 2024

A claim lodged by a parish council in Berkshire against a decision by Slough Borough Council not to designate an asset of community value under the Localism Act 2011, was rejected by a judge because the General Regulatory Chamber had no jurisdiction to determine the appeal.

Section 91 of the Localism Act 2011 required a listing authority to give statutory notice of inclusion or removal of an asset in its list of assets of community value. The council’s decision letter which the parish council sought to appeal referred to the 2011 act and explained that the parish council’s nomination of an asset for inclusion on a list was unsuccessful.

However regulation 11 of the Assets of Community Value (England) Regulations 2012 stated that a review of the council’s decision could only be requested by the owner of the asset. Judge Alison Mckenna therefore ruled that it did not confer a right of appeal for a nominator against an unsuccessful nomination. Thus, the right of appeal was conferred upon a relevant owner and in respect of a listing review decision, rather than against an initial decision not to include any property in the list.

On this basis the council’s decision could only be challenged by way of judicial review, the judge opined. Consequently the court did not have any jurisdiction to consider it and the claim was struck out.

Wrexham Court Parish Council v Slough Borough Council

Date: 5 January 2024

Ref: [2024] UKFTT 33 (GRC)