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:  UKFTT 33 (GRC)