The First Tier Tribunal de-listed the Kings Head in Pulham St Mary, Norfolk, after ruling there had been no community use of the building in the recent past.
It is the first case reported by the Publican's Morning Advertiser where a pub owner has successfully appealed against an ACV-listing.
Owner Graham Scott appealed to the Tribunal after his application for a review to South Norfolk Council, following their listing in October 2013, was unsuccessful.
South Norfolk Council had claimed that the Kings Head “could be used by the community as a recreational facility”, and although it is not in use and has not been used recently, the history of the property “confirms the viability of the business”.
It added there is “the need for a premises of this type to further the social wellbeing of the community”.
However, the First Tier Tribunal overturned their decision due to the fact the pub has been closed since 2007.
One condition of listing a building as an ACV, as outlined in the Localism Act 2011, is that the site has been used “in the recent past” and has “furthered the social well-being or interests of the local community”.
Judge NJ Warren said: “I therefore conclude, as the reviewing officer should have done from his finding of that fact, that the past condition was not satisfied. The appeal therefore succeeds.”