‘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.’
Local Government Lawyer, 4th September 2015
Source: www.localgovernmentlawyer.co.uk
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
‘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
Supreme Court, 25th February 2015
‘The Queen (on the application of Newhaven Port and Properties Limited) v East Sussex County Council and Newhaven Town Council [2015] SC 7 25 February 2015.
Late February is not necessarily the best time of year for a bit of UK sea swimming. But the Supreme Court has just come out with interesting judgments about whether there is a right to go to the beach and swim from it. For reasons I shall explain, they were anxious not to decide the point, but there are some strong hints, particularly in the judgment of Lord Carnwath as to what the right answer is, though some hesitation as to how to arrive at that answer.’
UK Human Rights Blog, 25th February 2015
Source: www.ukhumanrightsblog.com
‘County Councils in England, District Councils in England for an area without a County Council, London Borough Councils and County or County Borough Councils in Wales are “commons registration authorities”. The commons registration authority in relation to any land is the authority in whose area the land is situated. Where any land falls within the area of two or more commons registration authorities, the authorities may by agreement provide for one of them to be the commons registration authority in relation to the whole of the land.’
Local Government Law, 17th November 2014
‘A legal challenge against Essex County Council’s refusal to register a piece of land as a town or village green, protecting it from development, has been rejected by the High Court.’
OUT-LAW.com, 30th July 2014
Source: www.out-law.com
Regina (Barkas) v North Yorkshire County Council [2014] UKSC 31; [2014] WLR (D) 228
‘Local inhabitants indulged “by right” in lawful sports and pastimes on a recreation ground which had been provided for that purpose by a local authority in the exercise of its statutory powers, not “as of right” as was necessary pursuant to section 15(2) of the Commons Act 2006 in order to register the land as a town or village green.’
WLR Daily, 21st May 2014
Source: www.iclr.co.uk
Supreme Court, 21st May 2014
‘A landowner has defeated an attempt to register as a village green land it owns that was previously the site of a military camp, after the applicant only fulfilled the registration requirements months after the relevant time limit.’
Local Government Lawyer, 27th May 2014
Source: www.localgovernmentlawyer.co.uk
Church Comrs for England v Hampshire County Council [2014] EWCA Civ 634; [2014] WLR (D) 207
‘Regulation 5(4) of the Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007 provided a means for curing deficiencies in an application to register land as a town or village green under section 15 of the Commons Act 2006 and once that application was so cured it was treated as duly made on the date on which the original defective application was lodged. Whether an applicant had been afforded a “reasonable opportunity” by the registration authority to put a defective application in order, for the purposes of regulation 5(4), was a question of law for the court and was not reviewable only on Wednesbury grounds.’
WLR Daily, 14th May 2014
Source: www.iclr.co.uk
‘The Supreme Court has upheld a county council’s refusal to register a recreation ground – which had been provided for that purpose by another local authority – as a village green.’
Local Government Lawyer, 21st May 2014
Source: www.localgovernmentlawyer.co.uk
‘A landowner has secured an injunction preventing a county council – in its role as a commons registration authority – from convening a committee of its councillors to hear an application to register land as a village green.’
Local Government Lawyer, 25th April 2014
Source: www.localgovernmentlawyer.co.uk
‘The latest in a series of village green cases to reach the Supreme Court will be heard next week by a five-judge panel led by Lord Neuberger.’
Local Government Lawyer, 25th March 2014
Source: www.localgovernmentlawyer.co.uk
‘An inspector was entitled to find that land subject to an application for registration as a village green had ceased to be used “as of right”, a High Court judge has found.’
OUT-LAW.com, 28th February 2014
Source: www.out-law.com
‘An erroneous decision to register land as a village green is catastrophic for the owner. Once
registered as a green, the land is effectively sterilised for ever. To put right a mistaken registration is not at all easy. This is for two reasons.’
New Square Chambers, 7th February 2014
Source: www.newsquarechambers.co.uk
‘The Supreme Court has allowed the removal of two pieces of land, that were incorrectly registered as town or village greens (TVGs), from the register preventing their redevelopment, despite the landowners’ lengthy delays in applying for the rectifications.’
OUT-LAW.com, 7th February 2014
Source: www.out-law.com
Supreme Court, 5th February 2014
‘The Supreme Court has handed down a major ruling on applications to rectify the register of town and village greens, lapses of time and the question of whether there would be a serious detriment or prejudice should an application be granted.’
Local Government Lawyer, 5th February 2014
Source: www.localgovernmentlawyer.co.uk
‘The Supreme Court is set to rule this week on two conjoined cases concerning whether it is just to de-register land registered as a town or village green when there was a legal error that led to the registration.’
Local Government Lawyer, 4th February 2014
Source: www.localgovernmentlawyer.co.uk
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