If the owner disagrees with the councils decision to continue listing there property as an Asset of Community Value (ACV) they have the legal right to ask for an independent review to the First-Tier Tribunal service where a judge will decide via a hearing in person or on papers if the property does meet the criteria under section 88.
An owner’s appeal against a local authority listing review must be made to the General Regulatory Chamber of the First-Tier Tribunal. The deadline for appealing is specified in the procedural rules of that Chamber as 28 days from the date on which notice of the decision appealed against was sent to the owner. Appeals may be both on points of law and on findings of fact. The property will remain listed during the appeal process.
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First-Tier tribunal review statistics
Their has so far been 70 first-tier tribunal reviews into the local authorities decision list list a property as an Asset of Community Value.
Tribunal cases per year
14 tribunal cases have been successful where the land is de-listed
38 of the 70 tribunal cases were decided on a full hearing as opposed to papers only.
48 out of the 70 tribunal cases involved a public house.
Statistics last updated 19/2/20