Landowners must get defensive
Hebblethwaite, J.
Landowners must get defensive - 2004 - Estates Gazette (0412) 20 March 2004, 162-164 (2) .
A roundup of case law concerning the registration of village and town greens under the Commons Registration Act 1965. "Oxfordshire CC v Oxford City Council" ([2004] EWHC 12 (Ch), 124969) an important landmark decision, held that registration of a town or village green merely records its status, it does not confer it status. Argues that this case will cause concern among landowners and developers as the legislation is now being used to prevent developments that would normally be acceptable in planning terms, and therefore suggests that landowners will need to ask even more probing questions prior to undertaking the development of bare land. Provides a checklist of precautionary measures for landowners. Identifies leading cases on registration. Leave has been granted for judicial review of "R v Commons Commissioners ex p Whitmey" ([2003] EWCA 137, unreported) which may be viewed at www.courtservice.gov.uk.
PLANNING LAW AND PRACTICE-CASE LAW
COMMONS REGISTRATION ACT 1965
VILLAGE GREEN
PLANNING LAW
LANDOWNERS
OXFORDSHIRE CC V OXFORD CITY COUNCIL AND ANOTHER
R V STAFFORDSHIRE CC EX P ALFRED MCALPINE HOMES LTD
Landowners must get defensive - 2004 - Estates Gazette (0412) 20 March 2004, 162-164 (2) .
A roundup of case law concerning the registration of village and town greens under the Commons Registration Act 1965. "Oxfordshire CC v Oxford City Council" ([2004] EWHC 12 (Ch), 124969) an important landmark decision, held that registration of a town or village green merely records its status, it does not confer it status. Argues that this case will cause concern among landowners and developers as the legislation is now being used to prevent developments that would normally be acceptable in planning terms, and therefore suggests that landowners will need to ask even more probing questions prior to undertaking the development of bare land. Provides a checklist of precautionary measures for landowners. Identifies leading cases on registration. Leave has been granted for judicial review of "R v Commons Commissioners ex p Whitmey" ([2003] EWCA 137, unreported) which may be viewed at www.courtservice.gov.uk.
PLANNING LAW AND PRACTICE-CASE LAW
COMMONS REGISTRATION ACT 1965
VILLAGE GREEN
PLANNING LAW
LANDOWNERS
OXFORDSHIRE CC V OXFORD CITY COUNCIL AND ANOTHER
R V STAFFORDSHIRE CC EX P ALFRED MCALPINE HOMES LTD