Meyrick Estate Management Ltd & Ors v Secretary of State for Environment, Food & Rural Affairs [2007] EWCA Civ 53 (01 February 2007)

Meyrick Estate Management Ltd & Ors v Secretary of State for Environment, Food & Rural Affairs [2007] EWCA Civ 53 (01 February 2007)

The inspector and Secretary of State erred in law by failing to apply the statutory criteria for National Park designation under section 5(2) of the 1949 Act. The 'natural beauty' criterion was unlawfully expanded to include factors not permitted by the statute, and the 'opportunities for open air recreation' criterion was diluted by reliance on vague aspirations and a mistaken belief in a track record of public access. These errors were material to the decision to include Hinton Park within the National Park boundary. The High Court was correct to quash the order in so far as it affected the claimant's land.

Citation
[2007] EWCA Civ 53
Parties
Claimants/respondents: Meyrick Estate Management Limited and others; Defendant/appellant: The Secretary of State for Environment, Food and Rural Affairs
Jurisdiction
England and Wales
Judgment Date
01 February 2007
Procedural Posture
Civil Appeal / Appeal From High Court (administrative Court) to Court of Appeal
Outcome
Appeal dismissed; High Court order upheld.
Legal Topics
Judicial Review, National Park Designation, Statutory Interpretation, Natural Beauty Criterion, Open Air Recreation, Retrospective Legislation
Administrative Law Environmental Law Planning Law Judicial Review National Park Designation Statutory Interpretation Natural Beauty Criterion Open Air Recreation +1 more

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Parties

Meyrick Estate Management Limited and others

Claimants/respondents

The Secretary of State for Environment, Food and Rural Affairs

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (administrative Court) to Court of Appeal

Legal Issues

  1. 1 Whether the Secretary of State lawfully applied the statutory criteria for National Park designation under section 5(2) of the National Parks and Access to the Countryside Act 1949, specifically regarding 'natural beauty' and 'opportunities for open air recreation' in relation to Hinton Park.
  2. 2 Whether the inspector and Secretary of State erred in law by applying a 'potential opportunities' test rather than the statutory 'opportunities' test for open air recreation.
  3. 3 Whether the expanded definition of 'natural beauty' in section 114(2) of the 1949 Act applies to the designation test in section 5(2)(a).

Ratio Decidendi

The inspector and Secretary of State erred in law by failing to apply the statutory criteria for National Park designation under section 5(2) of the 1949 Act. The 'natural beauty' criterion was unlawfully expanded to include factors not permitted by the statute, and the 'opportunities for open air recreation' criterion was diluted by reliance on vague aspirations and a mistaken belief in a track record of public access. These errors were material to the decision to include Hinton Park within the National Park boundary. The High Court was correct to quash the order in so far as it affected the claimant's land.

Court Disposition

Appeal dismissed; High Court order upheld.

Orders

  • The order of the Secretary of State dated 1 March 2005 (Confirmation Order) is quashed so far as it concerns the claimants' land at Hinton Park.