Court of Appeal refuses permission to appeal in dispute over sale by council of part of park to Premier League football club

A resident who objected to the London Borough of Enfield selling part of a park to Tottenham Hotspur Football Club has been refused permission to appeal in his challenge to the disposal.

Lord Justice Warby dismissed an application by Sean Wilkinson against an order made by Mould J.

The claimant had argued that Enfield could not make the disposal because the council-owned land was held subject to a public trust and forms part of the Whitewebbs Park.

Tottenham Hotspur wants a 25 years lease to use the land as a women’s and girls’ football academy.

Warby LJ held there was no real prospect of successfully impugning Mould J’s analysis of the Greater London Parks and Open Spaces Order 1967 nor ss.122 and 123 of the Local Government Act 1972 nor his finding that Enfield did not fail to have regard to a material consideration.

Mould J had been “plainly right” for the reasons he gave and Warby LJ also held there was no compelling reason for the court to hear an appeal that would be bound to fail.

There was no need for the Court of Appeal to settle any issues, as a decision of the High Court provided sufficient authority.

Alex Goodman KC of Landmark Chambers appeared for Mr Wilkinson, while James Maurici KC and Joel Semakula from the same chambers appeared for Tottenham Hotspur as an interested party.

Mark Smulian