Muir, R (On the Application Of) v Wandsworth Borough Council [2017] EWHC 1947 (Admin) (28 July 2017)

Muir, R (On the Application Of) v Wandsworth Borough Council [2017] EWHC 1947 (Admin) (28 July 2017)

The Council did not have power to grant a lease of Neal's Farm Lodge and Cottage to the Interested Party for use as a private nursery because 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 Greater London Parks and Open Spaces Order 1967, which require facilities to be for public recreation. The proposed use would benefit only a limited cohort of children and not the public at large.

Citation
[2017] EWHC 1947 (Admin)
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 / Final Judgment After Substantive Hearing
Outcome
Claim allowed; decision to grant lease quashed
Legal Topics
Statutory Trusts of Open Spaces, Local Authority Powers, Disposal of Open Space, Interpretation of Recreation Under Public Open Space Legislation, Common Land Rights, Planning Permission for Change of Use, Public Access Requirements
Administrative Law Local Government Law Property Law Planning Law Statutory Trusts of Open Spaces Local Authority Powers Disposal of Open Space Interpretation of Recreation Under Public Open Space Legislation +3 more

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Parties

Alexander Keay Muir

Claimant

Wandsworth Borough Council

Defendant

Smart Pre-Schools Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Council had power to grant a lease of Neal's Farm Lodge and Cottage on Wandsworth Common to a private nursery operator under the Greater London Parks and Open Spaces Order 1967 and related legislation
  2. 2 Whether the proposed use as a private nursery is consistent with the statutory trust under the Open Spaces Act 1906 and the requirement for public recreation
  3. 3 Whether the lease would unlawfully restrict public access and use of the premises

Ratio Decidendi

The Council did not have power to grant a lease of Neal's Farm Lodge and Cottage to the Interested Party for use as a private nursery because 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 Greater London Parks and Open Spaces Order 1967, which require facilities to be for public recreation. The proposed use would benefit only a limited cohort of children and not the public at large.

Court Disposition

Claim allowed; decision to grant lease quashed

Orders

  • The Defendant's decision to grant a lease of Neal's Farm Lodge and Cottage to Smart Pre-Schools Limited is quashed.
  • The Council is prohibited from granting the lease on the proposed terms.