The end: Council’s appeal rejected and judgement confirmed they acted unlawfully

Author: Cyril Richert

Neal’s Lodge on Wandsworth Common

Wandsworth Council appeal against the High Court’s judgement on Neal’s Lodge has been unanimously rejected by the three Court of Appeal judges. Further appeal to the Supreme Court has been refused.

The judgement said:

“Given the conclusion I have reached, the question of whether the proposed nursery school is wholly or mainly for recreation is, in my judgement, only capable of being answered in the negative. […] Accordingly, the proposed nursery would not fall within [a recreational character] either, and the judge was correct to hold that the judicial review should succeed.”

Last year, a High Court judge ruled that Wandsworth Borough Council (WBC) acted unlawfully in offering a long lease for the use of Neal’s Lodge as a private fee-paying nursery on Wandsworth Common –  in breach of the 1967 ‘Long Act’..  Such use would effectively restrict its availability to all but the more privileged local residents. We previously reported the case in our article HERE.

Now it would be interesting to find out how much money was spent on the case by the Council, and to get an estimate of officer time wasted. Regarding the total cost of the full judicial procedure that the local resident supporting the case needed to pay, that is close the £60,000 (including judicial advice, PCs, etc) and only half should be finally reimbursed as they won!

You can download the full judgement HERE.

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