Anthony Gill, acting for East Herts Council successfully defended on appeal to the First Tier Tribunal the Council’s listing of The Cock pub, Stocking Pelham as an asset of community value (ACV).
The appeal was brought by the pub’s owners on the basis that there was no possibility of a viable community use on the site in the future.
The original pub burned down in 2008 but a replacement was rebuilt following a 2012 planning permission. That replacement has stood empty since without being fitted out.
The local Parish Council took an active role in the appeal to confirm their willingness to purchase and run the pub.
The case confirms the very high bar appellants must pass in demonstrating that a future community use is ‘unrealistic’ under the Localism Act 2011 and follows previous decisions including Worthmore Properties v South Oxon (2017) in which Anthony also acted.
You can see the decision in full, here.
Anthony maintains a specialism in ACV litigation, acting for councils and landowners across the country.
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