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 of land appropriated for planning purposes, notwithstanding its registration as a village green; the Commons Act 2006 does not expressly or impliedly abrogate s241.

Citation
[2011] EWHC B7
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
Claimant's contention upheld; section 241 TCPA 1990 prevails; registration as a village green does not prevent development in accordance with planning permission.
Legal Topics
Village Green Registration, Statutory Interpretation, Planning Permission, Appropriation of Land, Implied Repeal
Planning Law Property Law Administrative Law Village Green Registration Statutory Interpretation Planning Permission Appropriation of Land Implied Repeal

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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

Ratio Decidendi

Section 241 Town and Country Planning Act 1990 prevails over the Commons Act 2006 in permitting development of land appropriated for planning purposes, notwithstanding its registration as a village green; the Commons Act 2006 does not expressly or impliedly abrogate s241.

Court Disposition

Claimant's contention upheld; section 241 TCPA 1990 prevails; registration as a village green does not prevent development in accordance with planning permission.

Orders

  • No protective costs order made for the hearing itself.
  • Opportunity given for written representations on protective costs order for further proceedings at first instance.