Judicial review — Development corporation — Proposal to dispose of parks to independent trust — Whether decision of development corporation irrational — Whether legitimate expectation of consultation satisfied — Application dismissed
The respondent corporation is scheduled to be wound up in March 1992 having discharged their statutory functions. Pursuant to section 17 of the New Towns Act 1981, the respondents resolved to transfer their freehold interest in a linear park to the Milton Keynes Park Trust, a body to be established for the purpose. This proposal being in line with the current policy of the Department of the Environment favouring diversity of ownership where it is sensible, practicable and provides good value for money.
The applicant council sought to quash the transfer resolution on the grounds that there was a legitimate expectation of being consulted, and they had not been, and because the proposal was irrational because the applicants already own and manage other park land and it would perpetuate fragmentation of ownership and management of parks in the area.
