‘Hampshire County Council has won an appeal over an inspector’s decision to deregister as common land an area where an airport is located.’
Local Government Lawyer, 23rd April 2020
Source: www.localgovernmentlawyer.co.uk
‘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.’
Exchange Chambers, 28th January 2020
Source: www.exchangechambers.co.uk
‘Decision on Moorside Fields in Lancaster makes it harder to stop public space being developed.’
The Guardian, 14th December 2019
Source: www.theguardian.com
‘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.’
Local Government Lawyer, 11th December 2019
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 22nd May 2019
Source: www.localgovernmentlawyer.co.uk
‘Ombudsman orders Cornwall to pay compensation over locals’ plan for land near Saltash.’
The Guardian, 25th April 2019
Source: www.theguardian.com
‘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.’
Local Government Lawyer, 5th November 2018
Source: www.localgovernmentlawyer.co.uk
‘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).’
Local Government Lawyer, 9th October 2018
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 5th October 2018
Source: www.localgovernmentlawyer.co.uk
‘A judge has confirmed Lewisham Council’s right to possession of a wildlife garden in Deptford as part of a housing project, but said it cannot take place until seven days after a High Court judge holds an oral hearing into whether to grant permission for a judicial review challenge.’
Local Government Lawyer, 1st October 2018
Source: www.localgovernmentlawyer.co.uk
‘MoD accused of ‘land grab’ for attempting to turn common land into Army firing range.’
Daily Telegraph, 13th September 2018
Source: www.telegraph.co.uk
‘The High Court has given what is reported to be the first ruling on a ‘trigger event’ for the purposes of town and village green registration.’
Local Government Lawyer, 9th July 2018
Source: www.localgovernmentlawyer.co.uk
‘The London Borough of Wandsworth did not have the vires to lease premises situated on a common to a private pre-school operator, the Court of Appeal has ruled.’
Local Government Lawyer, 23rd May 2018
Source: www.localgovernmentlawyer.co.uk
‘In Cotham School v Bristol City Council (2018) EWHC 1022 (Admin) the Council is the owner of the freehold interest in Stoke Lodge Playing Fields. It is also the Commons Registration Authority empowered to register land as a town or village green pursuant to Section 15 Commons Act 2006. In 2011 application was made to register the land as a town or village green. The applicant was acting on behalf of an unincorporated association known as “Save Stoke Lodge Parkland”. Objections to the application were received. In the face of conflicting views about whether the land should be registered the registration authority decided that it would appoint an Inspector to make a recommendation about whether the land should be registered. In May 2013 the Inspector issued a Report in which he recommended that the land should be registered as a green. However, that recommendation was not implemented. In the years immediately following the publication of the Report there were a number of cases proceeding through the Courts which were relevant to the issues raised in this case. Ultimately a decision was taken that before a decision was made as to whether the land should be registered the Inspector should conduct a non-statutory Public Inquiry at which oral evidence would be given. In June and July 2016 the Inspector conducted such an Inquiry. In October 2016 the Inspector produced a comprehensive written Report. In it, he recommended that the land should not be registered as a green. He expressed the view that one aspect of the statutory test for registration had not been satisfied. The Inspector’s Report was considered at the Public Rights of Way and Greens Committee of the Council in December 2016. In the event the Committee resolved (on the Chair’s casting vote) to reject the Inspector’s recommendation and to grant the application for registration.’
Local Government Law, 16th May 2018
Source: local-government-law.11kbw.com
‘A High Court judge has upheld a legal challenge by a school in Bristol and indicated that he will quash a council committee’s decision to register land as a village green.’
Local Government Lawyer, 4th May 2018
Source: www.localgovernmentlawyer.co.uk
‘Can the police charge a football club for match day policing on public land immediately outside a stadium, where that land is largely under the control of the club? No, the Court of Appeal re-affirmed in Ipswich Town Football Club v Chief Constable of Suffolk [2017] EWCA Civ 1484.’
UK Police Law Blog, 13th November 2017
Source: ukpolicelawblog.com
‘In his previous article of 26th July 2017 Steven discussed the potential benefits of obtaining borough-wide Injunctions preventing anyone entering green spaces with vehicles, (most commonly mobile homes and caravans) and then fly-tipping industrial scale waste. This article deals with the fact that it is becoming increasingly clear that, where one local authority obtains protection in the form of a borough-wide injunction to prevent incursions onto its green spaces, a neighbouring borough becomes vulnerable to an increase in incursions.’
Hardwicke Chambers, 19th October 2017
Source: www.hardwicke.co.uk
‘There are few local authorities in the country that haven’t experienced the enormous difficulties inherent in people setting up camp illegally in local parks and green spaces with their mobile homes and caravans, horses and dogs then leaving the area (voluntarily or otherwise) and landing the authority with an expensive bill for cleaning up.’
Hardwicke Chambers, 26th July 2017
Source: www.hardwicke.co.uk
‘The case concerns claims under s15 Commons Act (2006) for town and village greens and the scope for applicants to amend a defective application under Regulation 5(4) of the Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007 (‘the 2007 Regulations’), so that it is duly made. This can be crucial (as in this case) in determining whether an application has been made within the period of grace allowable under the Commons Act, or is effectively time barred.’
Tanfield Chambers, 21st July 2017
Source: www.tanfieldchambers.co.uk
‘A tribunal has overturned the listing of an allotment site in Lancashire as an asset of community value (ACV), on the grounds that nearby housing development makes it “highly unrealistic” that the site will ever be used as allotments again.’
OUT-LAW.com, 11th April 2017
Source: www.out-law.com
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