Meyrick Estate Management Ltd & Ors v Secretary of State for Environment, Food & Rural Affairs

Meyrick Estate Management Ltd & Ors v Secretary of State for Environment, Food & Rural Affairs

The Secretary of State's confirmation of the Designation Order was unlawful because the statutory criterion of 'opportunities for open air recreation' under section 5(2)(b) of the 1949 Act was not met on the evidence; the inspector's reasoning relied on speculative potential and a mistaken finding of a track record of access, which was not supported by the facts.

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 Judgment to Court of Appeal
Outcome
Appeal dismissed; High Court order upheld
Legal Topics
Judicial Review of Administrative Decisions, National Park Designation, Statutory Interpretation, Public Rights of Access
Administrative Law Environmental Law Judicial Review of Administrative Decisions National Park Designation Statutory Interpretation Public Rights of Access

Case Brief

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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 Judgment to Court of Appeal

Legal Issues

  1. 1 Whether the Secretary of State applied the correct statutory criteria for National Park designation under section 5(2) of the National Parks and Access to the Countryside Act 1949
  2. 2 Whether 'opportunities for open air recreation' existed or were merely speculative for the land in question
  3. 3 Whether the meaning of 'natural beauty' was lawfully expanded by the decision-maker

Ratio Decidendi

The Secretary of State's confirmation of the Designation Order was unlawful because the statutory criterion of 'opportunities for open air recreation' under section 5(2)(b) of the 1949 Act was not met on the evidence; the inspector's reasoning relied on speculative potential and a mistaken finding of a track record of access, which was not supported by the facts.

Court Disposition

Appeal dismissed; High Court order upheld

Orders

  • Order quashing the Confirmation Order of 1 March 2005 (and/or the Designation Order) so far as it concerns the claimants' land at Hinton Park stands