R (on the application of Muir) v Wandsworth Borough Council

Commons – Right of common. The defendant local planning authority's decision to grant a long lease of premises situated on a common to the interested party had not been a lawful exercise of the authority's powers under the Greater London Parks and Open Spaces Order 1967, SI 1967/29. Accordingly, the Planning Court held that the interested party's proposed nursery would not provide facilities for public recreation and allowed the claimant's application for judicial review.

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