R (on the application of Muir) v Wandsworth Borough Council [2017] EWHC 1947 (Admin), [2017] All ER (D) 36 (Aug)
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.
