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Public access to land.

The editor of this section of the site is William Batstone, barrister at Guildhall Chambers, Bristol (www.guildhallchambers.co.uk)


Commons

Local authorities’ powers and duties

R(Alexander Keay Muir) v Wandsworth BC
[2017] EWHC 1947 (Admin)

Summary

The High Court upheld a challenge to the lawfulness of a decision by the Council to grant a 15-year lease of premises on a common to the interested party, so that it could operate a private nursery. The successful Claimant had expressed an interest in operating an educational and recreational facility for use by local maintained schools.

Facts

Premises were situated on a Common, the freehold of which was held by the Council. Under s10 of the Open Spaces Act 1906, the Council hold and administer the common in trust "to allow, and with a view to, the enjoyment thereof by the public as an open space". Article 7 of the Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 empowered local authorities to provide facilities for public recreation in any open space in Greater London. The Premises had been used as a cafe and reside ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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