Evans v Wimbledon And Putney Commons Conservators

Evans v Wimbledon And Putney Commons Conservators

The Wimbledon and Putney Commons Conservators have statutory power under section 8 of the 1871 Act to grant easements and, under section 39, to make and maintain roads and related works as necessary or proper, provided these actions are consistent with their overall statutory objectives. Section 35 does not prohibit such grants, and section 36 does not impose an absolute bar on works authorised elsewhere in the Act. The proposed deed of easement and associated works are within the Conservators' powers.

Parties
Claimant/appellant: Nicholas Charles Evans; Defendant/respondent: Wimbledon and Putney Commons Conservators; Interested Party/respondent: London Borough of Wandsworth
Jurisdiction
England and Wales
Judgment Date
09 July 2014
Procedural Posture
Judicial Review (appeal) / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Statutory Interpretation, Powers of Conservators, Easements, Public Open Spaces, Judicial Review
Administrative Law Property Law Statutory Interpretation Powers of Conservators Easements Public Open Spaces Judicial Review

Case Brief

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Parties

Nicholas Charles Evans

Claimant/appellant

Wimbledon and Putney Commons Conservators

Defendant/respondent

London Borough of Wandsworth

Interested Party/respondent

Procedural Posture

Judicial Review (appeal) / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the Wimbledon and Putney Commons Conservators have the statutory power under the Wimbledon and Putney Commons Act 1871 to grant easements and construct access roads and related works over the Common for the benefit of adjoining landowners, in light of their duties to preserve the Common as open space.

Ratio Decidendi

The Wimbledon and Putney Commons Conservators have statutory power under section 8 of the 1871 Act to grant easements and, under section 39, to make and maintain roads and related works as necessary or proper, provided these actions are consistent with their overall statutory objectives. Section 35 does not prohibit such grants, and section 36 does not impose an absolute bar on works authorised elsewhere in the Act. The proposed deed of easement and associated works are within the Conservators' powers.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.