Forestscape Limited successfully challenges asset of community value designation

The First-tier Tribunal (General Regulatory Chamber) decision in Forestscape Limited v Kings Lynn & West Norfolk Borough Council [2025] provides significant guidance on the evidential standards required for Asset of Community Value (ACV) designations under the Localism Act 2011.

Case Background

Kings Lynn & West Norfolk Borough Council designated Pentney Woods, a 25-acre woodland, grassland and heathland area, as an ACV on 15 November 2024. The designation followed a nomination by the local Parish Council asserting community use for walking and birdwatching activities. Forestscape Limited, the landowner, appealed this decision on 28 August 2025.

The woodland, situated adjacent to Common Road near Pentney Lakes Caravan and Leisure Park, had been subject to unauthorised access and vandalism. Forestscape contended that the land lacked public rights of way and that future development plans involved caravan site usage.

Legal Framework and Arguments

The appeal centred on whether Pentney Woods satisfied the criteria established under Schedule 1 of the Assets of Community Value (England) Regulations 2012. Forestscape argued that insufficient consideration had been given to evidence demonstrating the land's private nature and lack of legitimate community access.

The Council defended its position, maintaining that the nomination enjoyed strong community support and complied with statutory requirements. However, the tribunal scrutinised the quality and credibility of evidence supporting claimed community usage.

Tribunal Analysis

The tribunal referenced established precedent from Banner Homes Ltd v St Albans City and District Council, examining principles surrounding lawful access to potential ACVs. Critical evaluation revealed that community use claims lacked substantive evidential support, with many nomination signatures failing to correspond to demonstrable recent public usage.

The judges emphasised that community use must be coupled with actual communal value. The tribunal found that assertions regarding community access were insufficiently corroborated, particularly given the absence of formal public rights of way and evidence of unauthorised access patterns.

Licensing Requirements

A pivotal factor in the tribunal's reasoning concerned site licensing obligations under the Caravan Sites and Control of Development Act 1960. The tribunal determined that since the land required appropriate licensing for caravan usage and no such licence existed for Pentney Woods, it could not satisfy ACV classification criteria.

This aspect of the judgement reinforces the importance of considering existing planning and licensing frameworks when evaluating ACV designations, particularly where future development intentions may conflict with community value assertions.

Evidential Standards

The decision underscores rigorous evidential requirements for ACV designations. The tribunal's approach demonstrates that community support alone proves insufficient without credible evidence of actual usage patterns and legitimate access arrangements.

Local authorities must ensure thorough investigation of claimed community usage, including verification of access rights, consideration of landowner evidence, and assessment of usage patterns against statutory criteria. The judgement suggests that reliance on unsupported assertions or inadequately verified community claims may prove fatal to ACV designations.

Wider Implications

This decision reinforces that ACV designations require robust evidential foundations rather than speculative or aspirational community claims. Property owners challenging ACV designations may find encouragement in the tribunal's rigorous approach to evidence evaluation and its emphasis on legitimate access arrangements.

The judgement also highlights the intersection between ACV provisions and other statutory frameworks, suggesting that comprehensive legal analysis must consider multiple regulatory contexts when evaluating community asset claims.

The Forestscape decision provides valuable precedent for both local authorities considering ACV nominations and property owners facing potential designations. Its emphasis on evidential rigour and statutory compliance offers important guidance for navigating the complex landscape of community asset protection while respecting property rights and legal frameworks.

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