Pavillion (Watford) Limited vs Three Rivers District Council

This case involved an appeal by Pavillion (Watford) Limited against the decision of Three Rivers District Council to list 'The Pavillion' as an Asset of Community Value (ACV).

TLDR:

• Pavillion (Watford) Limited appealed against the listing of 'The Pavillion' as an ACV.
• The Tribunal dismissed the appeal, upholding the Council's decision.
• The case focused on whether the property met the criteria for listing under the Localism Act 2011.

The appeal concerned 'The Pavillion' and its surrounding land, located in Oxhey, south of Watford town centre. Originally built in the 1930s as the pavilion for Oxhey Golf Course, the site now includes various recreational facilities. In 1990, Three Rivers District Council granted a lease to Whitbread, who operated a pub on the site.

The leasehold interest was acquired by the appellant company on 17 September 2013. The Pavillion Pub continued to trade until it was closed for refurbishment in late 2018 and has not reopened since. On 5 October 2021, Watford Rural Parish Council nominated the pavilion as an ACV, which was subsequently listed by Three Rivers District Council.

The appellant objected to the listing, arguing that the nomination was an abuse intended to frustrate future development and that the property did not meet the criteria for listing under section 88(2) of the Localism Act 2011. They also contended that the nomination was brought by the Parish Council on behalf of the South Oxhey Community Land Trust, which did not meet the requirements for a community body under the regulations.

In a decision dated 17 February 2022, Three Rivers' Finance Director upheld the listing, concluding that the nomination was legitimate and that the property met the criteria for listing as an ACV. The appellant then appealed to the First-tier Tribunal.

The Tribunal heard evidence from both parties, including the appellant's director, Mr. Sunil Kotecha, and counsel for the respondent, Mr. Matt Lewin. The Tribunal considered whether the property met the 'Past Condition' and 'Future Condition' criteria under section 88(2) of the Localism Act 2011.

The Tribunal found that the property met the 'Past Condition' as it had been used as a pub in the recent past, furthering the social wellbeing or interests of the local community. The Tribunal also concluded that it was realistic to think that the property could be used for a non-ancillary use that would further the social wellbeing or social interests of the local community in the next five years.

The Tribunal dismissed the appellant's arguments regarding the alleged abuse of the nomination process and the involvement of the South Oxhey Community Land Trust. The Tribunal also rejected the appellant's contention that the inclusion of the changing rooms in the listing invalidated the nomination.

In conclusion, the Tribunal upheld the decision to list 'The Pavillion' as an ACV, dismissing the appeal and confirming that the property met the criteria for listing under the Localism Act 2011.

Legal representatives: Mr. Sunil Kotecha for the appellant, Mr. Matt Lewin for the respondent.

Judicial Panel: Judge Neville

Case Citation Reference: [2024] UKFTT 443 (GRC)