Russell v Bracknell Forest Borough Council & Punch Partnerships (PML) Ltd
| Jurisdiction | UK Non-devolved |
| Judge | Judge Jones |
| Neutral Citation | [2022] UKUT 75 (AAC),[2022] UKUT 75 (AAC) |
| Subject Matter | Jones,R |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Published date | 10 April 2022 |
Russell v Bracknell Forest Borough Council & Punch Partnerships (PML) Ltd
[2022] UKUT 75 (AAC)
1
IN THE UPPER TRIBUNAL Appeal No. UA-2020-001632
ADMINISTRATIVE APPEALS CHAMBER (formerly MISC/855/2020)
On appeal from:
Tribunal: First tier Tribunal (General Regulatory Chamber)
Tribunal Case No: CR/2019/0004
Tribunal Venue: N/A decided on papers on 24 January 2020
Hearing Date: N/A
Decision Date: 28 January 2020
Between:
MR ADRIAN RUSSELL
(FOR THE ROSE AND CROWN PUB COMMUNITY GROUP) Appellant
- v –
BRACKNELL FOREST BOROUGH COUNCIL 1st Respondent
&
PUNCH PARTNERSHIPS (PML) LTD 2nd Respondent
Before: Upper Tribunal Judge Jones
Hearing date: 28 February 2022
Decision date: 9 March 2022
Representation:
Appellant: Mr Russell and Ms Valerie Goodwin-Higson appeared in person
Respondents: Neither Respondent appeared nor was represented
Russell v Bracknell Forest Borough Council & Punch Partnerships (PML) Ltd
[2022] UKUT 75 (AAC)
UA-2020-001632(formerly MISC/855/2020)
2
DECISION
The decision of the Upper Tribunal is to allow the appeal. The decision of the
First-tier Tribunal made on 28 January 2020 under number CR/2019/0004 was made
in error of law. Under section 12(2)(a) and (b)(ii) of the Tribunals, Courts and
Enforcement Act 2007 I set that decision aside and remake it. I dismiss the Second
Respondent’s appeal against the decision of the First Respondent dated 18 April 2019
listing the building and land constituting the Rose and Crown Pub, Sandhurst, 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
Regulations”). I confirm the decision of the First Respondent to include the Pub in the
list of assets of community value.
REASONS FOR DECISION
Introduction
1. The Appellant, as chairman of the Rose and Crown Pub Community Group (‘the
Group’), appeals the decision of the First-tier Tribunal (General Regulatory
Chamber) (“the FTT”) dated 28 January 2020. By that decision the FTT allowed
an appeal by Punch Partnerships (PML) Ltd (‘PML’ or ‘the Second
Respondent’) from the decision of Bracknell Forest Borough Council (‘the
Council’ or ‘the First Respondent’) dated 18 April 2019.
2. The Council’s decision was made following a review of its initial decision dated
19 February 2019. The review decision was to list the building and land
constituting the Rose and Crown Pub, Sandhurst (‘the Pub’) as an asset of
community value for the purposes of section 89(1) of the Localism Act 2011
(“the Act”) and Regulation 2 of the Assets of Community Value (England)
Regulations 2012 (“the Regulations”).
3. The FTT, with the consent of the parties, made its appeal decision on the
papers without a hearing on 24 January 2020. It provided a decision and
reasons dated 28 January 2020. It allowed PML’s appeal against the Council’s
decision and removed the Pub from the list of assets of community value. The
FTT refused permission to appeal to the Upper Tribunal on 11 March 2020.
4. The FTT allowed the appeal for two reasons. First, it decided that the Group
was not a community group for the purpose of Regulation 5(1)(c) of the
Regulations such that it could not make a valid nomination for the Pub to be
listed as an asset of community value (see [14]-[28] of the decision). Second,
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