Muir, R (On the Application Of) v Wandsworth Borough Council

Muir, R (On the Application Of) v Wandsworth Borough Council

The Council's decision to grant a lease of Neal’s Farm Lodge and Cottage to a private nursery operator was not a lawful exercise of its powers under the Greater London Parks and Open Spaces Order 1967, as the arrangement would exclude the public from access and use, contrary to the statutory trust under the Open Spaces Act 1906 and the intended purpose of the 1967 Order to provide facilities for public recreation. The lease would not provide a facility for public recreation but only for a limited group, and thus was ultra vires. The officer's authority to make the decision was valid, but this did not cure the substantive unlawfulness of the decision.

Parties
Claimant: Alexander Keay Muir; Defendant: Wandsworth Borough Council; Interested Party: Smart Pre-Schools Limited
Jurisdiction
England and Wales
Judgment Date
28 July 2017
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim allowed in part (Ground 1 succeeds, Ground 2 fails)
Legal Topics
Statutory Trusts, Open Spaces, Local Authority Powers, Judicial Review, Delegation of Authority, Public Recreation, Disposal of Public Land
Administrative Law Local Government Law Property Law Trusts Law Statutory Trusts Open Spaces Local Authority Powers Judicial Review +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 26 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Alexander Keay Muir

Claimant

Wandsworth Borough Council

Defendant

Smart Pre-Schools Limited

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Council had lawful power to grant a lease of premises on Wandsworth Common to a private nursery operator under the relevant statutory framework.
  2. 2 Whether the decision to grant the lease was made by an officer with proper delegated authority under the Council's Constitution.

Ratio Decidendi

The Council's decision to grant a lease of Neal’s Farm Lodge and Cottage to a private nursery operator was not a lawful exercise of its powers under the Greater London Parks and Open Spaces Order 1967, as the arrangement would exclude the public from access and use, contrary to the statutory trust under the Open Spaces Act 1906 and the intended purpose of the 1967 Order to provide facilities for public recreation. The lease would not provide a facility for public recreation but only for a limited group, and thus was ultra vires. The officer's authority to make the decision was valid, but this did not cure the substantive unlawfulness of the decision.

Court Disposition

Claim allowed in part (Ground 1 succeeds, Ground 2 fails)

Orders

  • The decision to grant the lease to the Interested Party is quashed.