NHS Property Services Ltd, R (on the application of) v Surrey County Council & Anor

NHS Property Services Ltd, R (on the application of) v Surrey County Council & Anor

The registration of Leach Grove Wood as a village green was unlawful because Surrey County Council failed to consider and give reasons on the statutory incompatibility objection, and in any event, the statutory purposes for which the NHS held the land were incompatible with registration under the Commons Act 2006.

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 / Judgment After Full Hearing
Outcome
Claim allowed in part; registration quashed; application to be re-determined
Legal Topics
Village Green Registration, Statutory Incompatibility, Commons Act 2006, Judicial Review, Duty to Give Reasons
Administrative Law Land Law Local Government Law Village Green Registration Statutory Incompatibility Commons Act 2006 Judicial Review Duty to Give Reasons

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Parties

NHS Property Services Limited

Claimant

Surrey County Council

Defendant

Timothy Jones

Interested Party

Procedural Posture

Judicial Review / Judgment After Full Hearing

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 area constituted a 'neighbourhood' within the meaning of the Commons Act 2006
  3. 3 Whether the registration was incompatible with the statutory purposes for which the land was held by the NHS

Ratio Decidendi

The registration of Leach Grove Wood as a village green was unlawful because Surrey County Council failed to consider and give reasons on the statutory incompatibility objection, and in any event, the statutory purposes for which the NHS held the land were incompatible with registration under the Commons Act 2006.

Court Disposition

Claim allowed in part; registration quashed; application to be re-determined

Orders

  • The registration of Leach Grove Wood as a village green dated 6 October 2015 is quashed.
  • The application for registration shall be re-determined by Surrey County Council in accordance with the judgment.