Regina (Newhaven Port & Properties Ltd) v East Sussex County Council – WLR Daily

Posted March 23rd, 2012 in commons, law reports by tracey

Regina (Newhaven Port & Properties Ltd) v East Sussex County Council: [2012] EWHC 647 (Admin);  [2012] WLR (D)  94

“The words used by Parliament to define ‘town and village green’ in section 15 of the Commons Act 2006 were sufficiently broad to permit the registration of a tidal beach, comprising part of operational port land owned by a landowner, as a town or village green provided that the nature, quality and duration of the recreational user satisfied the statutory test: there was no requirement that land in respect of which registration was sought had to be either ‘grassy’ or consistent with traditional notions of what constituted a village green. That was so even if the land in issue was wholly covered in water for part of the day.”

WLR Daily, 21st March 2012