R (on the application of Tadworth and Walton Residents' Association and another) v Secretary of State for Environment, Food and Rural Affairs

Commons – Registration. The claimants sought judicial review of the decision of the inspector appointed by the defendant Secretary of State to make an order to exclude land from the register of common land and to register replacement land. The Administrative Court, in dismissing the application, held that the inspector had correctly understood the effect of the obligation under s 106 of the Town and Country Planning Act 1990. Further, it rejected the claimants' challenges based on his reasons and irrationality.

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