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O'Bryne, R (on the application of) v Secretary Of State For The Environment & Transport & Regions, Court of Appeal - Administrative Court, May 24, 2000, [2000] EWHC Admin 347

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Case no: co/1085/1999
IN THE SUPREME COURT OF JUDICATURE
QUEENS BENCH DIVISION
CROWN OFFICE
Royal Courts of justice
Strand, London, wc2a 2ll

Wednesday 24 May 2000

Before:

MR JUSTICE goldring
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Regina

v

Secretary of State for the Environment and Transport and Regions

Ex Parte O'Bryne
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(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 180 Fleet Street
London EC4A 2HD
Tel No: 0171 421 4040 0171 421 4040, Fax No: 0171 831 8838
Official Shorthand Writers to the Court)
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MR John hobson qc (instructed by Treasury Solicitors for the Respondent)
Mr alistair craig (instructed by Donne Mileham & Haddock, Brighton, East Sus***, BW1 3YB, for the Applicant)
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Judgment
As Approved by the Court

Crown Copyright ©
The application
This is an application by Ms O'Byrne for
A declaration that the Green Belt (London and Home Counties) Act, 1938, cannot deprive her, as a secure tenant, of the right to buy her flat from Croydon Borough Council ("Croydon") under section 118 of the Housing Act, 1985.
An order of certiorari to quash the decision said to deprive her of that right.
An order of mandamus to oblige the Secretary of State to consent to the sale by Croydon to her.

The basic issue Section 5(1) of the Green Belt (London and Home Counties) Act 1938 ("the 1938 Act") provides that the consent of the minister has to be obtained before Green Belt land vested in a local authority is sold. If the relevant local authority is dissatisfied with the sale, the minister, before consenting to it, is obliged to hold a local inquiry. Section 118 of the Housing Act 1985 ("the 1985 Act") provides a right to a secure tenant to buy his council house. Ms O'Byrne is a such a tenant with such a right. Croydon was dissatisfied with the sale it ...
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