Evans v Wimbledon And Putney Commons Conservators [2014] EWCA Civ 940 (09 July 2014)

Evans v Wimbledon And Putney Commons Conservators [2014] EWCA Civ 940 (09 July 2014)

The Conservators have statutory power under s.8 of the 1871 Act to grant easements over the Common, and the proposed works (including tarmacing, barriers, mounds, bollards) are authorised by s.39 as necessary or proper for the protection and maintenance of the Common. The duties under ss.34 and 36 are qualified by these express powers, and the grant does not breach statutory obligations to preserve the commons as open space or its natural aspect.

Citation
[2014] EWCA Civ 940
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 From High Court (administrative Court)
Outcome
Appeal dismissed
Legal Topics
Statutory Powers of Conservators, Grant of Easements, Preservation of Commons, Interpretation of Wimbledon and Putney Commons Act 1871
Administrative Law Property Law Statutory Interpretation Statutory Powers of Conservators Grant of Easements Preservation of Commons Interpretation of Wimbledon and Putney Commons Act 1871

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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 From High Court (administrative Court)

Legal Issues

  1. 1 Whether the Wimbledon and Putney Commons Conservators have statutory power under the 1871 Act to grant easements over the Common for access to adjoining land
  2. 2 Whether the proposed works (tarmacing, barriers, mounds, bollards) breach the Conservators' duties to preserve the commons as open space and maintain its natural aspect under ss.34 and 36 of the 1871 Act

Ratio Decidendi

The Conservators have statutory power under s.8 of the 1871 Act to grant easements over the Common, and the proposed works (including tarmacing, barriers, mounds, bollards) are authorised by s.39 as necessary or proper for the protection and maintenance of the Common. The duties under ss.34 and 36 are qualified by these express powers, and the grant does not breach statutory obligations to preserve the commons as open space or its natural aspect.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.