Blackbushe Airport Ltd v Hampshire County Council, R (On the Application of) & Ors

Blackbushe Airport Ltd v Hampshire County Council, R (On the Application of) & Ors

The phrase 'within the curtilage of a building' in paragraph 6 of schedule 2 to the Commons Act 2006 requires the land to form part and parcel of the building, not merely to be functionally related or part of a wider unit. The Inspector erred by applying the wrong test, and the Application Land, being extensive operational airfield, cannot be considered within the curtilage of the terminal building. Therefore, the statutory criteria for deregistration were not met.

Parties
Appellant: Blackbushe Airport Limited; First Respondent: Hampshire County Council; Second Respondent: Secretary of State for Environment, Food and Rural Affairs; Interested Party: Open Spaces Society; Interested Party: Peter John Tipton; Interested Party: David Edwin Simpson; Interested Party: Adrian Collett
Jurisdiction
England and Wales
Judgment Date
18 March 2021
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Commons Registration, Deregistration of Common Land, Curtilage Definition, Statutory Construction
Land Law Administrative Law Statutory Interpretation Commons Registration Deregistration of Common Land Curtilage Definition Statutory Construction

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Parties

Blackbushe Airport Limited

Appellant

Hampshire County Council

First Respondent

Secretary of State for Environment, Food and Rural Affairs

Second Respondent

Open Spaces Society

Interested Party

Peter John Tipton

Interested Party

David Edwin Simpson

Interested Party

Adrian Collett

Interested Party

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Application Land was within the curtilage of a building for purposes of deregistration under paragraph 6 of schedule 2 to the Commons Act 2006
  2. 2 Whether the Inspector applied the correct legal test for curtilage
  3. 3 Whether the statutory criteria for deregistration were met

Ratio Decidendi

The phrase 'within the curtilage of a building' in paragraph 6 of schedule 2 to the Commons Act 2006 requires the land to form part and parcel of the building, not merely to be functionally related or part of a wider unit. The Inspector erred by applying the wrong test, and the Application Land, being extensive operational airfield, cannot be considered within the curtilage of the terminal building. Therefore, the statutory criteria for deregistration were not met.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The judgment of Holgate J quashing the Inspector's decision is upheld.