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The High Court handed down judgment on Friday 17 May in a challenge to the lawfulness of the London Borough of Enfield’s decision to dispose of open space land, held subject to a public trust and formerly used as a golf course, to Tottenham Hotspur Football Club. The disputed land forms part of the Whitewebbs Park and is currently owned by the Defendant Council. The relevant agreement provides for the grant of a lease to the Club for a term of 25 years over the disputed land for use as a women’s and girls’ football academy and a turf academy.
Mr Justice Mould rejected the Claimant’s argument that the Defendant Council did not have the power to use s.123 of the Local Government Act 1972 to dispose of part of the Park to the Club or else the exercise of its powers of disposal proceeded from errors of law.
The case raises important issues around the exercise of powers by London authorities to dispose of open space land and has been featured in the media here and here.
The judgment can be found here. The Claimant has made an application for permission to appeal.
Alex Goodman KC appeared for the Claimant, Sean Wilkinson instructed by the Public Interest Law Centre.
James Maurici KC and Joel Semakula appeared for the Interested Party, Tottenham Hotspur Limited instructed by Richard Max & Co.
