Eight further First-tier Tribunal appeal decisions and the first appeal to the Upper Tribunal provide guidance on some fresh ACV points and emphasise some past guidance. For a fuller discussion of the recent appeals and other developments in ACV an updated ACV Guide can be found at http://www.christophercant.co.uk/assets-of-community-value/

  1. Public houses
    1. the focus is on whether a pub is a meeting place where local residents socialise;
    2. conversion to a restaurant need not mean that it ceases to qualify as an ACV particularly if it caters for customers who do not want to dine.
    3. a group of regulars strengthens the case for listing. The numbers should be more than de minimis but the regulars need not be a majority of the customers;
    4. the local community for a pub can be a whole town; 
    5. the presence of other nearby pubs will not block a listing;
    6. attempts to segregate pubs into parts, such as the garden or cellar, in order to sever them from the asset listed will be rebutted robustly.
    7. a group of local supporters of the pub can nominate a pub without needing to prove it is an unincorporated association. An unincorporated body can make a community nomination and this includes “a number of individuals coming together to further a common interest” (Judge Lane). Such a body need not show that the membership is identifiable or a contract exists between the members. A clause in a constitution automatically making users of a pub members will not prevent the group being able to make a community nomination.
    8. the grant of a new planning permission to change the use of a pub to residential use will in the current property market probably prevent a listing.
    9. a pub with a long history will have an extended recent past – the period 2002 to 2007 was part of the recent past in relation to the nomination of a pub made in May 2015.
  2. Golf courses
    1. a golf course can qualify as an ACV.
    2. a golf club can have a sufficient relationship with the local community even though 95% of the members are male and 73% were aged over 45.
    3. loss of the clubhouse may mean that it is not realistic to think that the community use will continue in the future.     
  3. Actual use – the community use need not be lawful so use of a field by the local community will justify a listing even though such use is without right.