Legal News

Refusal to list a local sports field as an asset of community value ruled unlawful by the High Court (TV Harrison CIC v Leeds City Council)

Published on: 01 February 2022

Table of contents

  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Planning analysis: This case involved an application by a local community interest company (the claimant) to have a longstanding sports field listed as an asset of community value (ACV). After a refusal by the local authority (in a redetermination following a quashing order by consent in a previous set of proceedings), the claimant applied for judicial review. The claim was successful and court has quashed the refusal, meaning the local authority will need to redetermine the ACV application for a third time. The judge gave helpful guidance on how the Localism Act 2011 (LA 2011), in particular the statutory test set out in LA 2011, s 88(1)(b), should be interpreted in the context of ACV listing decisions. Written by Léa Lehouck, paralegal at Leigh Day Solicitors.

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