Norwich Livestock Market Ltd, R (On the Application Of) v Norwich City Council

Norwich Livestock Market Ltd, R (On the Application Of) v Norwich City Council

Section 4(2) of the Norwich City Council Act 1984 requires the land on which the Cattle Market is held to remain vested in the Council unless and until the statutory procedure for discontinuance under section 8 is followed, including consultation and provision of an alternative site. The Council's disposal of its property interest in the Hall Road site without compliance with these procedures was ultra vires.

Parties
Claimant: Norwich Livestock Market Limited; Defendant: Norwich City Council; Interested Party: Graham Dacre
Jurisdiction
England and Wales
Judgment Date
27 March 2018
Procedural Posture
Judicial Review / Judgment
Outcome
Claimant's interpretation of the statute accepted; form of relief to be determined after further submissions.
Legal Topics
Statutory Interpretation, Ultra Vires Acts, Market Rights, Disposal of Public Land
Administrative Law Local Government Law Property Law Statutory Interpretation Ultra Vires Acts Market Rights Disposal of Public Land

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Parties

Norwich Livestock Market Limited

Claimant

Norwich City Council

Defendant

Graham Dacre

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether Norwich City Council acted ultra vires in disposing of its property interest in the Hall Road site without following the procedures in section 8 of the Norwich City Council Act 1984
  2. 2 Whether section 4(2) of the 1984 Act requires the Council to retain ownership of the land on which the Cattle Market is held until the statutory procedure for discontinuance is followed

Ratio Decidendi

Section 4(2) of the Norwich City Council Act 1984 requires the land on which the Cattle Market is held to remain vested in the Council unless and until the statutory procedure for discontinuance under section 8 is followed, including consultation and provision of an alternative site. The Council's disposal of its property interest in the Hall Road site without compliance with these procedures was ultra vires.

Court Disposition

Claimant's interpretation of the statute accepted; form of relief to be determined after further submissions.