Muir, R (On the Application Of) v Wandsworth Borough Council [2018] EWCA Civ 1035 (09 May 2018)

Muir, R (On the Application Of) v Wandsworth Borough Council [2018] EWCA Civ 1035 (09 May 2018)

The proposed nursery was primarily a childcare and educational facility, not a recreational one, and did not fall within the powers conferred by Article 7(1)(a)(v) or (vi) of the 1967 Order. The interested party was not a qualifying 'organisation' under Article 7(1)(a)(vi), as it was a commercial entity providing services to clients, not a club, society, or similar organisation. Therefore, Wandsworth Borough Council did not have the vires to grant the lease for this purpose.

Citation
[2018] EWCA Civ 1035
Parties
Claimant/respondent: Alexander Keay Muir; Defendant/appellant: Wandsworth Borough Council; Interested Party: Smart Pre-Schools Limited
Jurisdiction
England and Wales
Judgment Date
09 May 2018
Procedural Posture
Judicial Review (administrative Law) / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Statutory Interpretation, Local Authority Powers, Leases of Public Land, Open Spaces, Judicial Review
Administrative Law Local Government Law Land Law Statutory Interpretation Local Authority Powers Leases of Public Land Open Spaces Judicial Review

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Parties

Alexander Keay Muir

Claimant/respondent

Wandsworth Borough Council

Defendant/appellant

Smart Pre-Schools Limited

Interested Party

Procedural Posture

Judicial Review (administrative Law) / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether Wandsworth Borough Council had vires to grant a lease of premises on Wandsworth Common for use as a private pre-school nursery under the Greater London Parks and Open Spaces Order 1967
  2. 2 Whether the proposed nursery use constituted 'recreation' or was for a qualifying 'organisation' under Article 7(1)(a)(v) or (vi) of the 1967 Order

Ratio Decidendi

The proposed nursery was primarily a childcare and educational facility, not a recreational one, and did not fall within the powers conferred by Article 7(1)(a)(v) or (vi) of the 1967 Order. The interested party was not a qualifying 'organisation' under Article 7(1)(a)(vi), as it was a commercial entity providing services to clients, not a club, society, or similar organisation. Therefore, Wandsworth Borough Council did not have the vires to grant the lease for this purpose.

Court Disposition

Appeal dismissed

Orders

  • Declaration that the decision to grant the lease was unlawful is upheld