Norwich’s historic cattle market may “cease to exist” as a result of the council’s decision to surrender the head lease of the land it operates on, a High Court judge said in a judgment today.
In the ruling the judge, Michael Kent QC, was required to rule on Victorian acts of parliament intended to safeguard the city’s markets and fairs.
The case was brought by Norwich Livestock Markets Ltd, which has been operating on the site in the Harford area of the city for many years.
It claims that, even though it is continuing to operate the market on the site, the council’s decision to surrender the head lease to the leaseholder for £800,000 last year creates a situation that could lead to the closure of the market in violation of an 1860 Act to protect it.
The council’s decision to surrender the head lease meant that it had disposed of all its property interest in the site of the market. However, the Norwich Corporation Markets Act of 1860 states that:
“The existing cattle market, provision and vegetable market and hay and straw market are respectively held on lands and vacant spaces belonging to the corporation and vested in them as part of their corporate estates”.
In addition, the Norwich Corporation Markets Act of 1862 stated: “The corporation from time to time may discontinue the user of any present or future market house or market places, or place for a fair, belonging to them or under their management, but such discontinuance shall not be made until the corporation have provided for established and opened for public use another market house or market place or place for a fair, in lieu of the market house or market place or Pplace for a fair the user whereof is so discontinued.”
A 1984 act appears to slightly alter this by saying that the corporation can “prescribe the discontinuance” of a market place but can only do so after consulting with traders and if it has “previously provided another market place”.
Taken as a whole, “it is clear” the judge said in his ruling, that the land the market is on “was to remain vested in the council” unless it fulfilled its “obligation to consult” its “requirement to provide an alternative market place”.
None of this happened prior to the council’s decision to surrender the head lease.
“It is clear that there is the prospect of the Cattle Market ceasing to exist altogether in Norwich regardless now of the council’s wishes and in circumstances where no consultation process [required under the 1984 act] will have been undertaken and no alternative site provided,” the judge said.
The judge, however, said he won’t yet make any ruling about what should be done. He said there is “no immediate threat” to the market, and any declaration that the council shouldn’t have sold the land would “significantly prejudice” it’s owner.
He said that if the parties can’t reach an agreement, he will make a decision after another hearing.
Norwich Livestock Market Limited v Norwich City Council
Administrative Court (Michael Kent QC sitting as a Deputy Judge of the High Court), 27 March 2018.
