Council “did not have vires to lease part of common to pre-school nursery” – Local Government Lawyer

Posted May 24th, 2018 in commons, education, leases, local government, news, ultra vires by tracey

‘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.’

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Local Government Lawyer, 23rd May 2018

Source: www.localgovernmentlawyer.co.uk

Village Green – Local Government Law

Posted May 17th, 2018 in commons, land registration, local government, news by tracey

‘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.’

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Local Government Law, 16th May 2018

Source: local-government-law.11kbw.com

Decision to register playing fields as village green unlawful: judge – Local Government Lawyer

Posted May 9th, 2018 in commons, news, reasons, sport by tracey

‘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.’

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Local Government Lawyer, 4th May 2018

Source: www.localgovernmentlawyer.co.uk

Police cannot charge for football match-day policing on public land – UK Police Law Blog

Posted November 14th, 2017 in appeals, commons, fees, news, police by tracey

‘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.’

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UK Police Law Blog, 13th November 2017

Source: ukpolicelawblog.com

Green Space Borough-Wide Preventative Injunctions: The Next Stage – Hardwicke Chambers

Posted October 23rd, 2017 in commons, gipsies, injunctions, news, planning, waste by sally

‘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.’

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Hardwicke Chambers, 19th October 2017

Source: www.hardwicke.co.uk

Old problem, new solution: local councils look to preserve their green spaces from incursion and illegal fly tipping – Hardwicke Chambers

Posted August 22nd, 2017 in commons, gipsies, injunctions, local government, news, waste by sally

‘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.’

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Hardwicke Chambers, 26th July 2017

Source: www.hardwicke.co.uk

Field Reports: R (St John College Cambridge) v Cambridgeshire County Council [2017] EWHC 1753 (Admin) – Tanfield Chambers

Posted August 22nd, 2017 in commons, local government, news, universities by sally

‘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.’

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Tanfield Chambers, 21st July 2017

Source: www.tanfieldchambers.co.uk

Tribunal judge overturns listing of allotment site as an asset of community value – OUT-LAW.com

‘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.’

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OUT-LAW.com, 11th April 2017

Source: www.out-law.com

Ealing defeats latest challenge to siting of QPR training on metropolitan open land – Local Government Lawyers

Posted March 13th, 2017 in commons, local government, London, news, planning, sport by sally

‘The London Borough of Ealing has successfully defended its decision-making in the latest round of litigation over the proposed siting of training facilities for football club Queen’s Park Rangers on metropolitan open land (MOL).’

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Local Government Lawyer, 10th March 2017

Source: www.localgovernmentlawyer.co.uk

Public right of way did not detract from use of land as village green, High Court rules – OUT-LAW.com

Posted November 8th, 2016 in commons, land registration, local government, news, planning, rights of way by sally

‘The High Court has upheld the registration of Humpty Hill in Oxfordshire as a town or village green (TVG), despite arguments that most of the walking that took place on the land was because it was a public right of way.’

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OUT-LAW.com, 7th November 2016

Source: www.out-law.com

Council defeats High Court challenge to registration of 14 acres as village green – Local Government Lawyer

Posted November 1st, 2016 in commons, land registration, local government, news by sally

‘A county council has successfully defended in the High Court its decision to register 14 acres as a town and village green (TVG).’

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Local Government Lawyer, 31st October 2016

Source: www.localgovernmentlawyer.co.uk

Ancient grazing rights threatened as controversial baaaaaaad behaviour orders used to criminalise sheep – Daily Telegraph

Posted August 4th, 2016 in animals, ASBOs, commons, crime, fines, local government, news by Mark L

‘it is one of the most ancient surviving commoners’ rights in England, thought to date at least to the Norman conquest if not before. But the custom of allowing sheep to roam freely in the Forest of Dean in Gloucestershire is set to be criminalised in one village, in the latest manifestation of controversial new antisocial behaviour laws nicknamed the “busybodies’ charter”.’

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Daily Telegraph, 4th August 2016

Source: www.telegraph.co.uk

Town and Village Greens – Local Government Law

Posted July 21st, 2016 in commons, land registration, local government, news by tracey

‘The importance of giving reasons for a decision to register land as a village or town green under Section 15 of the Commons Act 2006 has been emphasized by Gilbart J in R (NHS Property Services Ltd) v Surrey County Council (2016) EWHC 1715 (Admin), in which NHS Property Services Ltd (“NHS”) sought judicial review of a decision by the County Council to register a parcel of woodland (“the land”) as a village green. The case is also of importance in relation to the question whether there is a statutory incompatibility with registration.’

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Local Government Law, 20th July 2016

Source:  www.11kbw.com/blogs/local-government-law

County council fails in challenge to village green registration near school – Local Government Lawyer

Posted June 6th, 2016 in commons, land registration, local government, news, planning by sally

‘A county council has failed in a High Court challenge to an inspector’s decision to register part of land near a primary school as a village green.’

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Local Government Lawyer, 6th June 2016

Source: www.localgovernmentlawyer.co.uk

Court of Appeal upholds rejection of bid to register rights of common – Local Government Lawyer

Posted May 11th, 2016 in animals, appeals, commons, judicial review, local government, news, notification by sally

‘A county council has successfully defended in the Court of Appeal its decision to refuse an application to register rights of common under the Commons Act 2006.’

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Local Government Lawyer, 10th May 2016

Source: www.localgovernmentlawyer.co.uk

Parish council wins legal challenge over refusal to register land as village green – Local Government Lawyer

Posted March 22nd, 2016 in commons, land registration, local government, news by sally

‘A parish council has won a High Court challenge over a local authority’s refusal to register land in its area as a village green.’

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Local Government Lawyer, 21st March 2016

Source: www.localgovernmentlawyer.co.uk

Liability of magistrates, coroners and quasi-judicial bodies for costs – Park Square Barristers

Posted September 4th, 2015 in commons, coroners, costs, land registration, magistrates, news, tribunals by sally

‘“Litigation is a hazardous and expensive business.”

Thus began the skeleton argument of my opponent in the Paddico case which I refer to below. He was (and remains) a leading counsel with a high reputation in the field of property work and he was, of course, correct.’

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Park Square Barristers, 11th August 2015

Source: www.parksquarebarristers.co.uk

Judge upholds challenge over town green and local authority land – Local Government Lawyer

Posted September 4th, 2015 in commons, judicial review, land registration, news by sally

‘A High Court judge has recently upheld a judicial review challenge by a campaigner over an inspector’s refusal of an application to register land in Exeter as a town green, it has been reported.’

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Local Government Lawyer, 4th September 2015

Source: www.localgovernmentlawyer.co.uk

Regina (Littlejohns and another) v Devon County Council – WLR Daily

Regina (Littlejohns and another) v Devon County Council [2015] EWHC 730 (Admin); [2015] WLR (D) 136

‘The transitional provisions in Schedule 3 to the Commons Act 2006 provided a brief window within which the commons register could be updated and corrected by incorporating any registrations which could have been, but were not, made under the Commons Registration Act 1965. Thereafter, any unregistered rights would be extinguished under paragraph 3 to the Schedule, repeating the legislative approach adopted in section 1(2)(b) of the 1965 Act.’

WLR Daily, 24th March 2015

Source: www.iclr.co.uk

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

Regina (Newhaven Port & Properties Ltd) v East Sussex County Council [2015] UKSC 7; [2015] WLR (D) 109

‘An area of foreshore which lay within the operational land of a harbour was not registrable as a town or village green pursuant to section 15 of the Commons Act 2006 because the byelaws applicable to the harbour had impliedly authorised it use for bathing and associated recreational activities, and so such use had not been “as of right”, and in any event section 15 did not apply where the statutory purposes for which such land was held were incompatible with such registration.’

WLR Daily, 25th February 2015

Source: www.iclr.co.uk