“Landowners have failed to overturn an application to register a disused military camp in Hampshire as a village green, after High Court judges ruled that retrospective corrections to an invalid application, after the time limits for the application, were permitted.”
OUT-LAW.com, 12th July 2013
Source: www.out-law.com
“The provision in section 15(4) of the Commons Act 2006, allowing an application for registration of land as a town or village green to be made up to five years after a cessation of qualifying user predating the commencement of section 15, was not incompatible with the landowner’s right to peaceful enjoyment of possessions under article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 14th June 2013
Source: www.iclr.co.uk
“This is a tale of common law rights, open water swimming, and individual freedoms. It is about the flip side of codified human rights: the time-honoured principle, that that which is not specifically prohibited, is – or should be – permitted in English law.”
UK Human Rights Blog, 6th April 2013
Source: www.ukhumanrightsblog.com
“In the recent decision in Taylor v Betterment Properties Ltd [2012] EWCA Civ 250, the Court of Appeal has provided useful guidance on two questions arising under the Commons Registration Act 1965 and potentially of wider implication.”
Hardwicke Chambers, 2nd May 2012
Source: www.hardwicke.co.uk
“A group of villagers was yesterday left with a six-figure legal costs bill after losing a court battle with a retired banker who styled himself lord of the manor.”
Daily Telegraph, 18th April 2012
Source: www.telegraph.co.uk
“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
Source: www.iclr.co.uk
“Beaches are capable of being registered as “village greens”, a High Court judge declared today.”
The Independent, 21st March 2012
Source: www.independent.co.uk
“Sections 98 and 103(2) of the Countryside and Rights of Way Act 2000, which inserted subsection (1A) into section 22 of the Commons Registration Act 1965, thereby amending the definition of town or village green, were clear and unambiguous and the new policy in subsection (1A) applied in its entirety to all applications to register land as a town or village green made on or after 30 January 2001. If the impact of the new policy as a whole was considered it had been prospective, not retrospective, in its effect when enacted on 30 November 2000.”
WLR Daily, 2nd December 2011
Source: www.iclr.co.uk
“Communities would have to pay up to £1,000 to apply to save their green spaces from the developers’ bulldozers under plans to speed up the planning process, The Daily Telegraph can disclose.”
Daily Telegraph, 8th September 2011
Source: www.telegraph.co.uk
“Playing fields and cricket grounds could be withdrawn from public use by landowners because of new laws that give the community the right to bid for private land.”
Daily Telegraph, 13th June 2011
Source: www.telegraph.co.uk
Regina (Lewis) v Redcar and Cleveland Borough Council (No 2) [2010] UKSC 11; [2010] WLR (D) 59
“The tripartite test of nec vi, nec clam, nec precario (not by force, nor stealth, nor the licence of the owner) was sufficient to establish that land which had been used by local inhabitants for lawful sports and pastimes for 20 years had been used ‘as of right’ so that they were entitled to have the land registered as a town or village green under s 15 of the Commons Act 2006. It was not necessary to impose a further test as to whether it would have appeared to a reasonable landowner that the local inhabitants were asserting a right to use the land for the lawful sports and pastimes in which they were indulging. If confronted by such use over a period of 20 years, it was reasonable to expect a landowner to resist or restrict the use if he wished to avoid the possibility of registration.”
WLR Daily, 3rd March 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Britain’s highest court today overturned a series of rulings and backed a campaign to save an undeveloped oasis on industrial Teesside as a village green.”
The Guardian, 3rd March 2010
Source: www.guardian.co.uk
R (Lewis) v Redcar and Cleveland Borough Council; [2008] WLR (D) 246
“Where, in relation to a question whether user of land had been user as of right, the issue of deference arose as between a landowner and other people making use of the land, the question was how the position would have appeared to the landowner, rather than to the other users, and what would matter to the landowner would be the fact of deference, not the reasons for it.”
WLR Daily, 22nd July 2008
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Betterment Properties (Weymouth) Ltd v Dorset County Council
Court of Appeal
“On an application to the High Court to remove from the register land which had been registered as a town or village green, the parties could adduce whatever evidence they wished, subject to the court’s exercise of its case management powers.”
The Times, 13th February 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Betterment Properties (Weymouth) Ltd v Dorset County Council [2008] EWCA Civ 22; [2008] WLR (D) 37
“On an application to the High Court to remove land from the register of town and village greens, the parties could adduce whatever evidence they wished, subject to the court’s exercise of its case management powers.”
WLR Daily, 8th February 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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