Adamson, R (On the Application Of) v Kirklees Metropolitan Borough Council

Adamson, R (On the Application Of) v Kirklees Metropolitan Borough Council

The Cemetery Road site was statutorily appropriated for use as allotments in 1935 through a conscious deliberative process, so ministerial consent was required for disposal. The council's decision to appropriate the site for educational use and issue notices to quit was unlawful.

Source-derived case information.

Parties
Claimant: Jonathan Adamson; Defendant: Kirklees Metropolitan Borough Council; Interested Party: Secretary of State for Housing, Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
09 May 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed
Legal Topics
Statutory Appropriation, Allotments, Ministerial Consent, Judicial Review, Delay in Proceedings
Administrative Law Property Law Statutory Appropriation Allotments Ministerial Consent Judicial Review Delay in Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jonathan Adamson

Claimant

Kirklees Metropolitan Borough Council

Defendant

Secretary of State for Housing, Communities and Local Government

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Cemetery Road allotment site was statutorily appropriated for use as allotments
  2. 2 Whether ministerial consent was required for disposal of the allotment land
  3. 3 Whether relief should be refused due to 'highly likely' outcome or undue delay

Ratio Decidendi

The Cemetery Road site was statutorily appropriated for use as allotments in 1935 through a conscious deliberative process, so ministerial consent was required for disposal. The council's decision to appropriate the site for educational use and issue notices to quit was unlawful.

Court Disposition

Claim allowed

Orders

  • Decision to appropriate Cemetery Road site for educational use under section 122 of the 1972 Act quashed
  • Notice to quit served on Mr Adamson quashed