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 that purpose
Patten, Treacy, Christopher Clarke LJJ
[2013] EWCA Civ 1411, [2013] WLR(D) 433, [2014] 1 WLR 2388, [2013] 47 EG 129
Bailii, WLRD
Commons Act 1876, Small Holdings and Allotments Act 1908, Allotments Act 1925 8
England and Wales
Cited by:
Cited – 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.
Landlord and Tenant, Land
Updated: 25 November 2021; Ref: scu.517650