Legal News

No relief for unlawful disposal of land at less than best consideration due to delay (Whitstable)

No relief for unlawful disposal of land at less than best consideration due to delay (Whitstable)
Published on: 01 March 2017
Published by: LexisPSL
  • No relief for unlawful disposal of land at less than best consideration due to delay (Whitstable)
  • Original news
  • What is the significance of the decision for authorities and developers?
  • What was the factual background to the case?
  • What did the court find?

Article summary

Planning analysis: In Whitstable, the High Court found that Canterbury City Council (CCC) had acted unlawfully in selling a former outdoor roller skating rink (the Land) on the Whitstable seafront for less than best consideration without Secretary of State consent. However, due to the claimant’s delay in bringing the proceedings, the court refused to grant relief. Four other grounds of claim were rejected, including allegations that the Land was found to constitute public open space within the meaning of section 123(2A) of the Local Government Act 1972 (LGA 1972), and that CCC had breached its public sector equality duty under the Equality Act 2010 (EqA 2010). or take a trial to read the full analysis.

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