Snelling & Anor v Burstow Parish Council

Snelling & Anor v Burstow Parish Council

The Hunter’s Moon allotments, having come under the management of the parish council by operation of section 33(4) of the Small Holdings and Allotments Act 1908, are governed exclusively by the powers set out in sections 26 onwards of that Act, including the power of sale in section 32, subject to the consent requirement in section 8 of the Allotments Act 1925. Section 27 of the Commons Act 1876 does not apply to these allotments.

Parties
Claimant: Susan Snelling; Claimant: Roy Merison; Defendant: Burstow Parish Council
Jurisdiction
England and Wales
Judgment Date
24 January 2013
Procedural Posture
Civil / Judgment
Outcome
Claim dismissed
Legal Topics
Allotments, Statutory Interpretation, Power of Sale, Trusts
Property Law Local Government Law Allotments Statutory Interpretation Power of Sale Trusts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Susan Snelling

Claimant

Roy Merison

Claimant

Burstow Parish Council

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 What statutory power governs the sale of Hunter’s Moon allotments?
  2. 2 Does section 32 of the Small Holdings and Allotments Act 1908 apply to allotments originally created under the Inclosure Act 1845?
  3. 3 Is section 8 of the Allotments Act 1925 applicable to land vested in the council by operation of statute?

Ratio Decidendi

The Hunter’s Moon allotments, having come under the management of the parish council by operation of section 33(4) of the Small Holdings and Allotments Act 1908, are governed exclusively by the powers set out in sections 26 onwards of that Act, including the power of sale in section 32, subject to the consent requirement in section 8 of the Allotments Act 1925. Section 27 of the Commons Act 1876 does not apply to these allotments.

Court Disposition

Claim dismissed

Orders

  • Claimants’ claim for a declaration is dismissed