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 allotments within section 8 of the Allotments Act 1925, as amended. If it has, it may not dispose of the land without the consent of the minister.
Held: The land had been appropriated for that purpose in 1935 when, as part of a town planning scheme, the council decided to zone the land for allotments.
Judges:
The Hon Mr Justice Kerr
Citations:
[2019] EWHC 1129 (Admin)
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Appeal From – 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.
Lists of cited by and citing cases may be incomplete.
Land, Local Government
Updated: 17 October 2022; Ref: scu.637773
