- Meaning of the term ‘appropriation’ for planning law purposes (R (on the application of Adamson) v Kirklees Metropolitan Borough Council)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Local Government analysis: In 1935, a committee of Kirklees Council (the council) had passed a resolution requesting that the Highways Committee amend its maps to record that certain land was to be considered as zoned for use as allotments. In the absence of any record that the Highways Committee had ever taken any action, the Court of Appeal had to decide whether the request amounted to an ‘appropriation’ of the land for use as allotments. This question was important because in 2018 the council decided to appropriate the land for use for new facilities for a primary school. Under section 122 of the Local Government Act 1972, if the land had originally been ‘appropriated’ for use as allotments, then no change of use could occur without the consent of central government. The Court of Appeal decided that what took place in 1935 was merely a request from a committee and not an ‘appropriation’. Written by Alexander Campbell, barrister at Field Court Chambers.
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