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Ramsgate Town Council v Thanet District Council: ChD 9 Nov 2018

The question at the heart of this matter is what is needed to constitute an effective appropriation of land from one designated use to another, and in particular from designated use as allotment land to land able to be used for other purposes. The judge described Thanet’s case: ‘[Thanet’s] case is simply that in 2006 … Continue reading Ramsgate Town Council v Thanet District Council: ChD 9 Nov 2018

Adamson, Regina (on The Application of) v Kirklees Metropolitan Borough Council: CA 18 Feb 2020

Appropriation was not in sufficient form The claimants had challenged an order supporting the decision of the Council to use their allotments for a new primary school, saying that the land had be appropriated as allotment land, and that therefore the consent of the minister was needed. Held: The appeal failed. The use of the … Continue reading Adamson, Regina (on The Application of) v Kirklees Metropolitan Borough Council: CA 18 Feb 2020

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Snelling and Another v Burstow Parish Council: CA 12 Nov 2013

Appeal by allotment holders against rejection of objection to proposed sale of allotments for development. Held: The requirement under section 8 of the 1925 Act to obtain the Minister’s consent does not apply to all land which is in fact used as allotments. It applies only to land which has been ‘purchased or appropriated’ for … Continue reading Snelling and Another v Burstow Parish Council: CA 12 Nov 2013

Snelling and Another v Burstow Parish Council: ChD 24 Jan 2013

The parties disputed the application and interpretation of ancient statues relating to allotments. The land had been appropriated to allotments under the 1945 Act. The Council had argued that it had a power of sale under the 1908 Act subject to consent under the 1925 Act. Held: The Council was correct in seeking the consent … Continue reading Snelling and Another v Burstow Parish Council: ChD 24 Jan 2013

Adamson, Regina (on The Application of) v Kirklees Metropolitan Borough Council: Admn 9 May 2019

The Court was asked whether the defendant local authority (the council) was obliged to obtain the consent of the minister before deciding to dispose of certain land in its area currently in use as allotments by the claimant, Mr Adamson, and others. That depends on whether the council has ‘appropriated’ that land for use as … Continue reading Adamson, Regina (on The Application of) v Kirklees Metropolitan Borough Council: Admn 9 May 2019