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Case No: C1/2014/0275 Neutral Citation Number: [2014] EWCA Civ 940 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE HIGH COURT OF JUSTICE QUEEN’S BENCH DIVISION ADMINISTRATIVE COURT Mr Justice Wyn Williams CO/3457/2013   Royal Courts of Justice Strand, London, WC2A 2LL   Date: 9 July 2014 Before :   LORD JUSTICE RIMER LORD JUSTICE PATTEN and LORD JUSTICE KITCHIN – – – – – – – – – – – – – – – – – – – – – Between :     NICHOLAS CHARLES EVANS Claimant/ Appellant   – and –     WIMBLEDON AND PUTNEY COMMONS CONSERVATORS Defendant/ Respondent   – and –     LONDON BOROUGH OF WANDSWORTH Interested Party/ Respondent   – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –   Mr Robert McCracken QC and Mr Philip Petchey (instructed by Richard Buxton Solicitor) for the Appellant Mr Guy Fetherstonhaugh QC (instructed by Gregsons Solicitors) for the Respondent Mr Ranjit Bhose QC (instructed by Sharpe Pritchard Solicitors) for the Interested Party     Hearing date : 30 June 2014 – – – – – – – – – – – – – – – – – – – – – Judgment   Lord Justice Patten : 1.              The claimant is the co-founder of the Friends of Putney Common which he describes in his witness statement as a group of local residents whose aim is to protect such part of the site of the former Putney Hospital (“the Site”) as is now in the ownership of London Borough of Wandsworth (“the Council”) from inappropriate development.  The hospital was erected in 1911 on the site of two large semi-detached dwellinghouses and a row of cottages.  The Site is landlocked and depends for access to the public highway on access roads across a small part of Putney Lower Common (“the Common”) which were created in 1911 with the consent of the Wimbledon and Putney Commons Conservators (“the Conservators”) to replace the road layout originally serving the dwellinghouses and the cottages.