Galaxy Land Ltd, R (on the application of) v Durham County Council

Galaxy Land Ltd, R (on the application of) v Durham County Council

The Council's Cabinet decision to dispose of land at Sniperley Park was flawed because it failed to consider obviously relevant issues, including the strategic nature of its landholding, lacked proper analysis of alternatives, and did not comply with statutory procedures for disposal of open space. The Cabinet was not properly informed and the statutory requirements of section 123 and section 123(2A) of the Local Government Act 1972 were not met.

Parties
Claimant: Galaxy Land Ltd; Defendant: Durham County Council; Interested Party: Martin Corney; Interested Party: Ian Waller; Interested Party: Michael Allan; Interested Party: John Tipling; Interested Party: Bernard Tipling; Interested Party: David Tipling; Interested Party: Peter Tipling; Interested Party: Colin Crozier; Interested Party: John Crozier; Interested Party: Alan Crozier; Interested Party: North of England Estates Ltd; Interested Party: Henry Tomlinson; Interested Party: Theakston Estates Ltd; Interested Party: Theakston Estates (Properties) Ltd
Jurisdiction
England and Wales
Judgment Date
15 January 2015
Procedural Posture
Judicial Review / Final Judgment
Outcome
Judicial review granted
Legal Topics
Disposal of Public Land, Statutory Duties, Open Space Definition, Best Consideration, Public Consultation, Judicial Review Standing
Administrative Law Local Government Law Property Law Disposal of Public Land Statutory Duties Open Space Definition Best Consideration Public Consultation +1 more

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Parties

Galaxy Land Ltd

Claimant

Durham County Council

Defendant

Martin Corney

Interested Party

Ian Waller

Interested Party

Michael Allan

Interested Party

John Tipling

Interested Party

Bernard Tipling

Interested Party

David Tipling

Interested Party

Peter Tipling

Interested Party

Colin Crozier

Interested Party

John Crozier

Interested Party

Alan Crozier

Interested Party

North of England Estates Ltd

Interested Party

Henry Tomlinson

Interested Party

Theakston Estates Ltd

Interested Party

Theakston Estates (Properties) Ltd

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Council's disposal of land complied with section 123 of the Local Government Act 1972
  2. 2 Whether the Council failed to follow statutory procedures for disposal of open space under section 123(2A)
  3. 3 Whether the Council had regard to material considerations in its decision-making

Ratio Decidendi

The Council's Cabinet decision to dispose of land at Sniperley Park was flawed because it failed to consider obviously relevant issues, including the strategic nature of its landholding, lacked proper analysis of alternatives, and did not comply with statutory procedures for disposal of open space. The Cabinet was not properly informed and the statutory requirements of section 123 and section 123(2A) of the Local Government Act 1972 were not met.

Court Disposition

Judicial review granted

Orders

  • The Council's Cabinet decision is quashed
  • The Council must comply with statutory procedures for disposal of open space