A retreat from Sunningwell?
Sydenham, A.
A retreat from Sunningwell? - 2003 - Farm Tax Brief August/September 2003, 7-8(2) .
Discusses the category of village greens, where inhabitants of any locality have rightfully enjoyed sports and pastimes for at least 20 years in the light of an article from "The Times", Quiet village army liberates greens from builders (14 July 2003), over the conflict between developers and the registration of new village greens. "R v Oxfordshire CC ex p Sunningwell PC" (HL, Abs60977) made it easier for these new village greens to be registered but the Countryside and Rights of Way Act 2000 has changed the predominance test. Discusses two cases, "R v Sunderland City Council ex p Beresford" (CA, Abs65765) and "R v Buckinghamshire CC ex p Laing Homes Ltd" ([2003] EWHC 1578, Abs67014) where applications to register land as village greens have been turned down. Legislation is needed to clarify the situation as these cases illustrate that developers can find themselves landed with claims for village greens on land that may already have planning permission.
VILLAGE GREENS
DEVELOPMENTS
DEVELOPERS
PLANNING PERMISSION
R V OXFORDSHIRE CC AND ANOTHER EX P SUNNINGWELL PARISH COUNCIL
COMMONS REGISTRATION ACT 1965
COUNTRYSIDE AND RIGHTS OF WAY ACT 2000
R V SUNDERLAND CITY COUNCIL EX P BERESFORD
R V BUCKINGHAMSHIRE CC AND ANOTHER EX P LAING HOMES LTD
A retreat from Sunningwell? - 2003 - Farm Tax Brief August/September 2003, 7-8(2) .
Discusses the category of village greens, where inhabitants of any locality have rightfully enjoyed sports and pastimes for at least 20 years in the light of an article from "The Times", Quiet village army liberates greens from builders (14 July 2003), over the conflict between developers and the registration of new village greens. "R v Oxfordshire CC ex p Sunningwell PC" (HL, Abs60977) made it easier for these new village greens to be registered but the Countryside and Rights of Way Act 2000 has changed the predominance test. Discusses two cases, "R v Sunderland City Council ex p Beresford" (CA, Abs65765) and "R v Buckinghamshire CC ex p Laing Homes Ltd" ([2003] EWHC 1578, Abs67014) where applications to register land as village greens have been turned down. Legislation is needed to clarify the situation as these cases illustrate that developers can find themselves landed with claims for village greens on land that may already have planning permission.
VILLAGE GREENS
DEVELOPMENTS
DEVELOPERS
PLANNING PERMISSION
R V OXFORDSHIRE CC AND ANOTHER EX P SUNNINGWELL PARISH COUNCIL
COMMONS REGISTRATION ACT 1965
COUNTRYSIDE AND RIGHTS OF WAY ACT 2000
R V SUNDERLAND CITY COUNCIL EX P BERESFORD
R V BUCKINGHAMSHIRE CC AND ANOTHER EX P LAING HOMES LTD