CA 26 July 2001. Appellant (B) and three others submitted an application for land to be registered as a town green under the Commons Registration Act 1965. Respondent (S) refused the application on the ground that the land had been used by local residents for more than 20 years by implied permission not as of right. B challenged the decision by judicial review raising two issues (a) can an implied permission defeat an as of right claim? (b) if so, should the decision be quashed as legally flawed?. Judgement for (a) was yes and no for (b) and these were appealed. "Held" Appeals dismissed. No reason in principle why implied permission should not be relied on by owner to defeat a claim of use as of right. Grants of permission do not have to be restricted to oral or written consents. As for (b) the public ownership of the land was a factor of limited weight and there was no grounds for impugning the decision.