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Council wins legal case for Montreal Arms building as an Asset of Community Value
The Montreal Arms in Hanover has been confirmed as an Asset of Community Value after we have successfully defended our decision to list the former pub.
The news has been welcomed by councillors and by residents who have been campaigning to safeguard the future of the historic building.
Community value
In April 2022 a local group called ‘Friends of the Montreal Arms’ applied to the council to nominate the former pub as an Asset of Community Value (ACV.)
Listing as an Asset of Community Value (or ACV) recognises that a building or land is of social value to the local community. ACV status means that there must be a moratorium on any sale of the building or land to enable a community group to make its own offer.
Being listed as an ACV may be a material consideration where there is a proposal to change that use through new development.
Decision upheld
The council considered the nomination against the specific legal tests, which relate to the 2011 Localism Act, and decided to include the Montreal Arms in its list of Assets of Community Value.
This decision was upheld following a review requested by the landowner. The landowner then pursued an appeal to the First Tier Tribunal.
The Tribunal judge had to consider whether there was a time in the recent past when the use of the Montreal Arms furthered the social wellbeing or interests of the local community and also whether it would be realistic to think that it could do so at some point in the next five years.
Appeal dismissed
The tribunal found that there had been a time in the recent past when the pub had furthered the social well-being or interests of the local community as the pub had only closed early 2020.
The judge considered that, in the future, the pub could have further community use and dismissed the appeal.
Well loved
Cllr Birgit Miller, lead councillor for culture, said: “I’m delighted that the council’s decision to list the Montreal Arms as an Asset of Community Value has been upheld, giving further protection to this well loved and historic building.
“We will continue to use the Asset of Community Value legislation, where relevant, to give further protection and support local communities.”