The applicant sought to exercise her right to buy a property she had occupied of her local authority. It was in the green belt, and the authority declined to sell it until they had obtained authorisation for the sale. The authority appealed an order requiring the sale.
Held: The 1985 Act made no reference to the 1938 Act, because it was not imagined that they would conflict. The 1938 Act restricted voluntary sales by Authorities. The 1985 imposed obligations to sell. The obligations created did not conflict. The obligation to sell stood.
Bingham of Cornhill, Hope of Craighead, Hutton, Scott of Foscote, Rodger of Earlsferry, LL
Times 18-Nov-2002, Gazette 28-Nov-2002,  UKHL 45,  1 All ER 15,  HLR 30,  48 EGCS 138,  1 WLR 3250,  NPC 142,  BLGR 1
House of Lords, Bailii
Green Belt (London and Home Counties) Act 1938 5, Housing Act 1985 118
England and Wales
Appeal from – O’Byrne v Secretary of State for Environment, Transport and Regions and Another CA 17-Apr-2001
A tenant sought to buy a flat under the right to buy scheme but the flat was in the green belt. The land was held under provisions in the 1938 Act making the sale of any part conditional on the consent of the respondent. The local authority . .
See Also – Regina v Secretary of State for the Environment, Transport and the Regions, ex parte O’Byrne Admn 20-Aug-1999
It could be proper, when ordering for a third party to be joined in an action for judicial review, to order that the original party should not be responsible for the new party’s costs in any event. Such a power could be derived from the overriding . .
At first instance – Regina v Secretary of State for the Environment, Transport and the Regions, Ex Parte O’Byrne QBD 8-Jun-2000
A tenant sought to buy a flat under the right to buy scheme but the flat was in the green belt. The local authority objected, and an inquiry was held. The inspector held that the green belt policy itself would not be affected, but a sale would . .
These lists may be incomplete.
Updated: 09 January 2021; Ref: scu.178195