Open Spaces

August 7th, 2017

In R (Muir) v Wandsworth LBC (2017) EWHC 1947 (Admin) Lang J held that the Council lacked the power to grant a 15 year lease of a building on Wandsworth Common for use as a nursery for pre-school children. Under Section 10 of the Open Spaces Act 1906 and a Greater London Open Spaces Order the Council held not only the Common itself but also buildings on the Common on a statutory trust. The beneficiaries of the trust are the inhabitants of Wandsworth. The Council was obliged to maintain access for all local residents for the primary purpose of public recreation.

 

Comments are closed.