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Section 1
The decision of the First-tier Tribunal dated 26 July 2023 under file reference CR/2022/0007 does not involve an error of a point of law. The appeal against that decision is dismissed.
This decision is made under section 11 of the Tribunals, Courts and Enforcement Act 2007.
REASONS
Introduction
This decision considers what is meant by the words “realistic to think” is s.88(2)(b) of the Localism Act 2011, which provides that
“(2) … a building or other land in a local authority's area that is not land of community value as a result of subsection (1) is land of community value if in the opinion of the local authority—
…
(b) it is realistic to think that there is a time in the next five years when there could be non-ancillary use of the building or other land that would further (whether or not in the same way as before) the social wellbeing or social interests of the local community”.
- Heading
- Section 1
- The First-tier Tribunal Decision
- Permission to Appeal
- The Statutory Framework
- The Grounds of Appeal
- The Council’s Submissions
- The Appellant’s Reply
- Analysis
- Section 9
- Section 10
- the test is not one of the civil standard of proof, which is designed to produce one outcome; the language of the statute is consistent with a number of realistic outcomes co-existing: Patel at [8], C
- it is important not to concentrate on the hard-headed commercial or financial analysis and a detailed business case is not required, but it is necessary to show a sensible and practical idea of what c
- the test is a low one, but there must be at least some indication that the aspirations are realistic: Carsberg at [20]
- The Decision under Appeal
- Conclusion Conclusions