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Sale of Land Allotments

Case No: A3/2013/0389Neutral Citation Number: [2013] EWCA Civ 1411IN THE COURT OF APPEAL (CIVIL DIVISION)ON APPEAL FROM THE HIGH COURT OF JUSTICE, CHANCERY DIVISIONMiss Vivien Rose QC (sitting as a Deputy Judge of the Chancery Division)HC12C00065Royal Courts of JusticeStrand, London, WC2A 2LL Date: 12 November 2013Before : LORD JUSTICE PATTENLORD JUSTICE TREACYandLORD JUSTICE CHRISTOPHER CLARKE- – – – – – – – – – – – – – – – – – – – -Between :   (1)     SUSAN SNELLING(2)     ROY MERISONClaimants/Appellants  – and –   BURSTOW PARISH COUNCILDefendant/Respondent – – – – – – – – – – – – – – – – – – – – — – – – – – – – – – – – – – – – – – – – – Ms Emma Dring (instructed by Messrs Edward Harris) for the AppellantsMs Estelle Dehon (instructed by Hedley’s Solicitors) for the Respondent Hearing date : 11th October 2013- – – – – – – – – – – – – – – – – – – – -Judgment Lord Justice Patten : 1.     Burstow Parish Council (“the Council”) is the freehold owner of some allotments at a site known as Hunter’s Moon in Burstow, Surrey.  The Council wishes to sell part of the site (about 0.353 ha out of a 1.24 ha) for development as affordable housing.  This is objected to by the claimant allotment holders who have sought in different ways to challenge the legality of the proposed sale.  This appeal is brought by the claimants against the order of Ms Vivien Rose (as she then was) dated 24th January 2013 who dismissed their claim for a declaration that the Council’s power of sale is limited to that contained in s.27 of the Commons Act 1876 (“the 1876 Act”).  If the claim is correct it would require the Council to identify alternative land which is more suitable for use as allotments and, in particular, to use the proceeds of sale in the purchase of that land.