NHS Property Services Ltd, R (on the application of) v Surrey County Council & Anor [2016] EWHC 1715 (Admin) (13 July 2016)

NHS Property Services Ltd, R (on the application of) v Surrey County Council & Anor [2016] EWHC 1715 (Admin) (13 July 2016)

The Court held that Surrey County Council failed to give adequate reasons for its decision to register the land as a village green, particularly in relation to the statutory incompatibility argument, and that the process was procedurally unfair as the Claimant's late representation was not before the Committee. The decision to register was therefore quashed.

Citation
[2016] EWHC 1715 (Admin)
Parties
Claimant: NHS Property Services Limited; Defendant: Surrey County Council; Interested Party: Timothy Jones
Jurisdiction
England and Wales
Judgment Date
13 July 2016
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim allowed; decision to register quashed
Legal Topics
Village Green Registration, Commons Act 2006, Statutory Incompatibility, Judicial Review, Duty to Give Reasons
Administrative Law Property Law Local Government Law Village Green Registration Commons Act 2006 Statutory Incompatibility Judicial Review Duty to Give Reasons

Case Brief

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Parties

NHS Property Services Limited

Claimant

Surrey County Council

Defendant

Timothy Jones

Interested Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether Surrey County Council was under a duty to give reasons for its decision to register land as a village green
  2. 2 Whether the reasons given were adequate
  3. 3 Whether the finding of 'neighbourhood' was reasonable and lawful

Ratio Decidendi

The Court held that Surrey County Council failed to give adequate reasons for its decision to register the land as a village green, particularly in relation to the statutory incompatibility argument, and that the process was procedurally unfair as the Claimant's late representation was not before the Committee. The decision to register was therefore quashed.

Court Disposition

Claim allowed; decision to register quashed

Orders

  • The decision of Surrey County Council to register Leach Grove Wood as a village green is quashed.
  • Surrey County Council must reconsider the application in accordance with the judgment.