Snelling & Merison v Burstow Parish Council

Allotments – Sale of allotment land – Relevant regime – Commons Act 1876, s.27 – Small Holdings and Allotments Act 1908, ss.25ff – Requirement for Secretary of State’s consent – Whether validly obtained
See also [2013] EWCA Civ 1411

Town and Country Planning Act 1990, s.191 – Certificate of lawfulness of existing use or development – Assessment of the relevant planning unit a ‘material consideration’

Public rights of access under statutory Scheme – Whether rights of common – Commons Registration Act 1965 – Rights of common lapsed for want of registration – Tree Preservation Order – Whether grounds expressed resulted from erroneous construction of rights

Liability for nuisance from tree- and hedge-root incursion – Foreseeability – Effect of media publicity regarding potential for damage – Reasonableness of preventative action of responsible property owner – Contributory negligence by delay on the part of the claimant

Town and Country Planning – Environmental Impact Assessment – Failure to take into account material considerations – Whether matters complained of were in fact material considerations – Procedural error in publishing of decision letter – Basis of planning authority’s screening decision – Whether decision vitiated

Town and Country Planning – Environmental Impact Assessment – Power of Inspector to determine appeal in the absence of screening opinion.

Health and safety – Outbreak of E.coli poisoning – Failure by enforcing authority to notify property owner of relevant information – Civil Liability (Contribution) Act 1978 – Whether civil liability may arise from statutory powers

Town and Country Planning – National Planning Policy Framework – Green Belt – Exceptions to inappropriate development

Wimbledon and Putney Commons Act 1871 – Proposed grant of easements over areas of Common – Whether within the scope of powers and duties of Conservators – Need for flexible interpretation of powers and duties

Gifts of agricultural holdings to employer – Undue influence – Nature and degree of relationship between parties – Unconscionable bargain – Need for moral culpability