Snelling & Anor v Burstow Parish Council [2013] EWCA Civ 1411 (12 November 2013)

Snelling & Anor v Burstow Parish Council [2013] EWCA Civ 1411 (12 November 2013)

Section 32 of the Small Holdings and Allotments Act 1908, as applied by s.33(4), confers on parish councils the power of sale over allotment land previously managed under s.6(4) of the Local Government Act 1894, and this power is not limited by s.27 of the Commons Act 1876. Both s.27 and s.32 remain available as alternative powers, and the Council may choose which to exercise. Section 8 of the Allotments Act 1925 does not apply to land not 'purchased' under s.25 of the 1908 Act, so ministerial consent was unnecessary in this case.

Citation
[2013] EWCA Civ 1411
Parties
Claimant/appellant: Susan Snelling; Claimant/appellant: Roy Merison; Defendant/respondent: Burstow Parish Council
Jurisdiction
England and Wales
Judgment Date
12 November 2013
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Allotments, Powers of Sale, Statutory Construction, Implied Repeal, Trusts and Charitable Purposes
Property Law Local Government Law Statutory Interpretation Allotments Powers of Sale Statutory Construction Implied Repeal Trusts and Charitable Purposes

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Parties

Susan Snelling

Claimant/appellant

Roy Merison

Claimant/appellant

Burstow Parish Council

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether Burstow Parish Council's power of sale over allotment land is limited to s.27 of the Commons Act 1876 or extends to s.32 of the Small Holdings and Allotments Act 1908 as qualified by the Allotments Act 1925.
  2. 2 Whether s.8 of the Allotments Act 1925 applies to the sale of the land in question and requires ministerial consent.
  3. 3 Whether s.27 of the Commons Act 1876 has been impliedly repealed or remains as an alternative power.

Ratio Decidendi

Section 32 of the Small Holdings and Allotments Act 1908, as applied by s.33(4), confers on parish councils the power of sale over allotment land previously managed under s.6(4) of the Local Government Act 1894, and this power is not limited by s.27 of the Commons Act 1876. Both s.27 and s.32 remain available as alternative powers, and the Council may choose which to exercise. Section 8 of the Allotments Act 1925 does not apply to land not 'purchased' under s.25 of the 1908 Act, so ministerial consent was unnecessary in this case.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.