Appeal Court rules in Council's favour
Appeal Court judges have ruled that a meadow in St Albans can retain its status as an Asset of Community Value (ACV).
St Albans City and District Council agreed to list Bedmond Field, off Bedmond Lane, as an ACV in 2014 following a request by the Verulam Residents Association.
An ACV can be assigned to land or property deemed to be of social importance to people living nearby. It means that the owner cannot sell without giving the community an opportunity to bid.
Bedmond Field owners Banner Homes appealed against the Council’s decision at a First Tier Tribunal in 2015, but was unsuccessful.
The company took its case to an Upper Tribunal the following year, but again its appeal was dismissed.
Banner Homes then challenged the Upper Tribunal's decision on a point of law at the Court of Appeal in February this year.
Judges Lord Justice Davis, Lady Justice Sharp and Sir Rupert Jackson delivered their unanimous judgment this week and again upheld the Council’s decision.
They also refused an application by Banner Homes for leave to appeal to the Supreme Court.
Under the Localism Act 2011, voluntary and community organisations can nominate a building or area to be included on their local authority's ACV register.
The owner of an ACV has to inform the Council if they plan to sell the asset. They are then required to give community groups six months to raise money to buy it, although they are not obliged to sell to them.
Lady Justice Sharp noted Bedmond Field is around seven acres in size and is bisected by two public footpaths.
She said that the field has been used by the local community for various recreational activities for more than 40 years. These have included dog walking, children’s play and kite flying.
After the ACV was granted, Banner Homes fenced off all but the two footpaths as it was within its legal rights to do so. Notices saying, “Private Land, No Unauthorised Access” were put up.
The company argued that as trespassing was unlawful, the land did not qualify as an ACV under the Localism Act.
Lady Justice Sharp said an ACV could only be granted when a council found the actual use of the asset furthered “the social wellbeing or social interests of the local community”.
She concluded that was the case with Bedmond Field and it was hard to describe the community uses that had gone on as unlawful.
Lord Justice Davis said it was “an unfortunate consequence in this case” that Banner Homes “felt constrained, in order to protect its commercial interests as the land owner, to fence off the field from the public footpaths”.
He added:
It would be a further unfortunate consequence if other land owners, perhaps holding land with a view to potential development in the future, likewise were to feel constrained to restrict public access to their land.
Media Contact:
John McJannet, Principal Communications Officer, St Albans City and District Council
Tel: 01727 296130, john.mcjannet@stalbans.gov.uk