BDW Trading Ltd. (t/a Barratt Homes) v Spooner (Representing the Merton Green Action Group) & Anor [2011] EWHC B7 (QB) (15 February 2011)

BDW Trading Ltd. (t/a Barratt Homes) v Spooner (Representing the Merton Green Action Group) & Anor [2011] EWHC B7 (QB) (15 February 2011)

Section 241 Town and Country Planning Act 1990 prevails over the Commons Act 2006 in permitting development in accordance with planning permission on land appropriated for planning purposes, even if registered as a village green; the 2006 Act does not expressly or impliedly repeal or disapply Section 241.

Citation
[2011] EWHC B7 (QB)
Parties
Claimant: BDW Trading Limited (t/a Barratt Homes); First Defendant: Anne-Marie Spooner (representing the Merton Green Action Group); Second Defendant: Melin Homes Limited
Jurisdiction
England and Wales
Judgment Date
15 February 2011
Procedural Posture
Civil / First Instance Judgment
Outcome
Claim allowed
Legal Topics
Village Green Registration, Statutory Interpretation, Appropriation of Land, Planning Permission, Protective Costs Order
Planning Law Property Law Administrative Law Village Green Registration Statutory Interpretation Appropriation of Land Planning Permission Protective Costs Order

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Parties

BDW Trading Limited (t/a Barratt Homes)

Claimant

Anne-Marie Spooner (representing the Merton Green Action Group)

First Defendant

Melin Homes Limited

Second Defendant

Procedural Posture

Civil / First Instance Judgment

Legal Issues

  1. 1 Whether Section 241 Town and Country Planning Act 1990 prevails over the Commons Act 2006 in permitting development of land registered as a village green
  2. 2 Whether registration of land as a village green under the Commons Act 2006 prevents development pursuant to planning permission where land has been appropriated for planning purposes
  3. 3 Whether a Protective Costs Order should be granted to the Action Group

Ratio Decidendi

Section 241 Town and Country Planning Act 1990 prevails over the Commons Act 2006 in permitting development in accordance with planning permission on land appropriated for planning purposes, even if registered as a village green; the 2006 Act does not expressly or impliedly repeal or disapply Section 241.

Court Disposition

Claim allowed

Orders

  • Declaration that Section 241 Town and Country Planning Act 1990 prevails and permits development in accordance with planning permission despite registration as a village green
  • No Protective Costs Order granted for the hearing already conducted