Muir, R (On the Application Of) v Wandsworth Borough Council

Muir, R (On the Application Of) v Wandsworth Borough Council

The proposed nursery was primarily an educational and childcare 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 an 'organisation' of the type contemplated by the Order. Therefore, Wandsworth Borough Council lacked the vires to grant the lease for this purpose.

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 / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Statutory Interpretation, Local Authority Powers, Public Recreation, Leases of Public Land, Open Spaces
Administrative Law Local Government Law Land Law Statutory Interpretation Local Authority Powers Public Recreation Leases of Public Land Open Spaces

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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 / 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 an 'organisation' within the meaning of Article 7(1)(a)(v) and (vi) of the 1967 Order

Ratio Decidendi

The proposed nursery was primarily an educational and childcare 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 an 'organisation' of the type contemplated by the Order. Therefore, Wandsworth Borough Council lacked the vires to grant the lease for this purpose.

Court Disposition

Appeal dismissed

Orders

  • Declaration that Wandsworth Borough Council's decision to grant the lease was unlawful is upheld