In R (Barnsley MBC) v SoS for CLG [2012] EWHC 1366 (Admin), Judgment of Foskett J on 24 May 2012, the Council made a CPO in respect of land in its area registered as a Village Green. The Council relied upon s121 of LGA 1972 and s2 of LGA 2000. The SoS took the view, however, that these provisions did not provide an enabling power. He regarded the CPO as invalid, and declined to confirm it. The Council brought judicial review proceedings to challenge his view. The Judge agreed with the SoS.
The Council could acquire land by agreement under s120 of LGA 1972 for the purposes of the benefit, improvement or development of their area. That was not, however, enough for a CPO under s121, as s121(2)(a) made clear. The question therefore was whether s2 of LGA 2000 could be invoked. Foskett J concluded that s2 was not intended to alter the LGA 1972 situation in relation to CPOs.