Islington Council Change their Minds

Islington Council listed the pub as an ACV in May, after our application in March. The developers - offshore company Manica Properties - asked them to review their decision. They have done so, and decided that it shouldn't be listed as an ACV after all. This one on one ground alone, and this was as follows:

Ground (iii) It is not realistic to think that the Property can be used in the next 5 years in a way to further the social wellbeing or social interests of the local community

While the pub is not currently in use to further the social wellbeing/interests of the local community it closed at the end of 2014. The Owner has accepted that the Property was in use as a pub in the "recent past" and as I have indicated under Ground (ii) above I consider that the pub use furthered the social wellbeing and interests of the local community. It is then only left for me to consider whether "it is realistic to think that there is a time in the next 5 years when there could be a non-ancillary use of the Property that would further the social wellbeing or social interests of the local

community (whether or not in the same way as before)

This I believe is the Owner's strongest around of challenge in that the Owner has provided evidence that the Prooertv has been leased since the end of March for 15 vears to a chain for use as a restaurant and that the leaseholder is well under wav with works to fit the Prooertv out for such use. While it has been established bv the Tribunal in Patel v (ondon Borouah of Hacknev 120131 that what is realistic mpv admit a numker of possible realistic outcomes cp-existing. the future is difficult to predict the possibilities must be viewed on balance. I have had regard to the decision in the Spirit Pub v Rushmoor BC (20141 where McDonalds had acquired a former pub!ic house and acquired planning permission enabling use of the building as a restaurant/takeaway and here Judge Warren considered that there was no realistic prospect that the Property would revert to use as a pub or any other community use within the next five years. I find that I reach the same conclusion in relation to the Property.

I therefore conclude that the Property should not be listed as an asset of community value and that's its entry on the list of such assets maintained by the Council should be amended accordingly.