Exchange of Land – Local Government Lawyer

Posted February 23rd, 2024 in commons, judicial review, local government, news, planning by michael

‘Edward Cousins discusses the enactment of the Commons Act 2006, the introduction of comprehensive systems for the exchange of common land, and recent caselaw.’

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Local Government Lawyer, 23rd February 2024

Source: www.localgovernmentlawyer.co.uk

Landowner’s supreme court case threatens Dartmoor wild camping victory – The Guardian

Posted January 11th, 2024 in appeals, commons, consent, news, parks, statutory interpretation, Supreme Court by sally

‘The right to wild camp on Dartmoor could be under threat again after the supreme court granted permission for a wealthy landowner to bring a case against it.’

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The Guardian, 10th Janaury 2024

Source: www.theguardian.com

Wild camping allowed on Dartmoor again after court appeal succeeds – The Guardian

Posted August 1st, 2023 in appeals, commons, news, statutory interpretation by sally

‘Wild camping is once again allowed on Dartmoor after the national park won a successful appeal against a ruling in a case brought by a wealthy landowner.’

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The Guardian, 31st July 2023

Source: www.theguardian.com

Dartmoor and the Right to Wild Camp: Whigs and Hunters for the 21st Century? – UK Human Rights Blog

Posted March 30th, 2023 in commons, consent, news, parks, statutory interpretation by sally

‘This is the beguilingly simple opening to the judgment of Sir Julian Flaux C. in the case of Darwall and Darwall v. Dartmoor National Park Authority [2023] EWHC 35 (Ch), which was handed down on Friday, 13 of January 2023.’

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UK Human Rights Blog, 30th March 2023

Source: ukhumanrightsblog.com

Right to wild camp in England lost in Dartmoor court case – The Guardian

Posted January 16th, 2023 in commons, news, parks by tracey

‘The right to wild camp in England and Wales has been lost, after a wealthy landowner successfully brought a case against Dartmoor national park, the last place it was possible without seeking permission.’

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The Guardian, 13th January 2023

Source: www.theguardian.com

Claimants say Government sewage overflow plan contrary to ancient common law rights in pre-action letter – Local Government Lawyer

‘A surfer and an oyster supplier have joined with the Good Law Project to threaten a judicial review of a Government plan they argue will allow the discharge of untreated sewage into water bodies to continue for decades, breaching their “ancient” common law rights under the Public Trust Doctrine (PTD).’

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Local Government Lawyer, 31st October 2022

Source: www.localgovernmentlawyer.co.uk

Corfe Mullen campaigners lose six-year battle over woodland – BBC News

Posted October 13th, 2022 in commons, local government, news, rights of way by tracey

‘A group of villagers has lost a six-year battle with a landowner over public access to a woodland.’

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BBC News, 13th October 2022

Source: www.bbc.co.uk

Case Comment: T W Logistics Ltd v Essex County Council & another [2021] UKSC 4 – UKSC Blog

Posted March 2nd, 2021 in commons, harbours, land registration, news, Supreme Court by sally

‘In this post, Jessica Eaton, who is a trainee solicitor at CMS, comments on the unanimous decision handed down in February 2021 by the UK Supreme Court in the case of TW Logistics Ltd v Essex County Council and Anor [2021] UKSC 4.’

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UKSC Blog, 2nd March 2021

Source: ukscblog.com

Supreme Court’s village green ruling leaves uncertainties – Law Society’s Gazette

Posted February 16th, 2021 in commons, land registration, news, Supreme Court by sally

‘A Supreme Court ruling on the status of privately owned land classified as a town or village green (TVG) does not clear up a fundamental general principle, a planning expert has said. The ruling in T W Logistics Ltd v Essex County Council and Ian Tucker, rejected a landowner’s appeal against the registration of a piece of land.’

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Law Society's Gazette, 15th February 2021

Source: www.lawgazette.co.uk

Supreme Court upholds registration of land in working port as town and village green – Local Government Lawyer

‘An area of concrete in a working commercial port was validly registered by a county council as a town and village green, the Supreme Court has ruled.’

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Local Government Lawyer, 12th February 2021

Source: www.localgovernmentlawyer.co.uk

New Judgment: TW Logistics Ltd v Essex County Council & Anor [2021] UKSC 4 – UKSC Blog

‘This case concerns the registration of land as a town and village green. The use of the phrase “town or village green” (“TVG”) conjures up a bucolic image of an area of grass where local inhabitants can walk and play. However, the land in this case is an area of concrete (the “Land”) in a working commercial port. The question for the Supreme Court is, has the Land been validly registered as a TVG?’

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UKSC Blog, 12th February 2021

Source: ukscblog.com

County council wins High Court appeal over deregistration of common land – Local Government Lawyer

Posted April 24th, 2020 in airports, commons, local government, news, planning by sally

‘Hampshire County Council has won an appeal over an inspector’s decision to deregister as common land an area where an airport is located.’

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Local Government Lawyer, 23rd April 2020

Source: www.localgovernmentlawyer.co.uk

Statutory incompatibility following historic NHS win in Supreme Court – Exchange Chambers

Posted February 6th, 2020 in commons, land registration, local government, news, Supreme Court by sally

‘Bill Hanbury, Head of the Property Department at Exchange Chambers, explains the importance of the recent Supreme Court decision in R (on the application of Lancashire County Council) (Appellant) v Secretary of State for the Environment, Food and Rural Affairs and another (Respondents) and R (on the application of NHS Property Services Ltd) (Appellant) v Surrey County Council and another (Respondents) [2019] UKSC 58. In this article, he explains why it is important to those clients who are public bodies facing hostile town and village green (TVG) applications.’

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Exchange Chambers, 28th January 2020

Source: www.exchangechambers.co.uk

‘ “Village green” ’ land at risk after ruling by supreme court – The Guardian

Posted December 16th, 2019 in appeals, commons, local government, news, planning, Supreme Court by tracey

‘Decision on Moorside Fields in Lancaster makes it harder to stop public space being developed.’

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The Guardian, 14th December 2019

Source: www.theguardian.com

Supreme Court allows appeals by land-owning public bodies in dispute over statutory incompatibility and village green registration – Local Government Lawyer

Posted December 12th, 2019 in commons, education, health, land registration, local government, news, Supreme Court by tracey

‘The Supreme Court has by a 3-2 majority allowed appeals by Lancashire County Council and NHS Property Services over whether statutory incompatibility defeats an application to register land as a town or village green where the land is held by the public authority for statutory purposes.’

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Local Government Lawyer, 11th December 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal hands down ruling on village greens and ‘trigger events’ – Local Government Lawyer

Posted May 23rd, 2019 in appeals, commons, interpretation, local government, news, planning by tracey

‘The Court of Appeal has rejected an appeal by a local authority in a key ruling on the trigger events that suspend the registration of village greens.’

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Local Government Lawyer, 22nd May 2019

Source: www.localgovernmentlawyer.co.uk

Council takes 10 years not to make a decision on village green status – The Guardian

Posted April 25th, 2019 in commons, compensation, delay, local government, news, planning by tracey

‘Ombudsman orders Cornwall to pay compensation over locals’ plan for land near Saltash.’

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The Guardian, 25th April 2019

Source: www.theguardian.com

Supreme Court to hear key case on village greens and public authority land – Local Government Lawyer

Posted November 5th, 2018 in appeals, commons, judicial review, local government, news, Supreme Court by sally

‘The Supreme Court has agreed to hear conjoined cases over village greens, public authority-owned land and the concept of ‘statutory incompatibility’, it has been reported.’

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Local Government Lawyer, 5th November 2018

Source: www.localgovernmentlawyer.co.uk

Court of Appeal upholds decision to register part of port as village green – Local Government Lawyer

Posted October 10th, 2018 in appeals, commons, land registration, local government, news, nuisance by sally

‘The Court of Appeal has upheld Essex County Council’s decision to register land that is part of the Port of Mistley as a town or village green (TVG).’

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Local Government Lawyer, 9th October 2018

Source: www.localgovernmentlawyer.co.uk

Borough defeats High Court challenge to refusal to register land as village green – Local Government Lawyer

‘Wokingham Borough Council has successfully defended a High Court challenge to its decision to refuse to register land as a new town or village green.’

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Local Government Lawyer, 5th October 2018

Source: www.localgovernmentlawyer.co.uk