Disputes over the registration of town and village greens: who decides?
Hilliard, J.
Disputes over the registration of town and village greens: who decides? - 2005 - Journal of Planning and Environment Law February 2005, 159-169(11) .
The recent CA case "R v Commons Commissioners ex p Whitmey" ([2004] EWCA Civ 951, Abs68470) answered the question who has the authority to determine whether a town or village green should be registered? CA decided that the registration authority has the authority and is neither obliged nor even permitted to refer the issue to the Commons Commissioners. The article explains how this conclusion was reached and considers other points emerging from this judgment. Outlines the statutory framework for registration of town and village greens before analysing the Whitmey case in detail.
TOWN GREENS
VILLAGE GREENS
COMMONS REGISTRATION ACT 1965 S22(1)
R V COMMONS COMMISSIONERS EX P WHITMEY
Disputes over the registration of town and village greens: who decides? - 2005 - Journal of Planning and Environment Law February 2005, 159-169(11) .
The recent CA case "R v Commons Commissioners ex p Whitmey" ([2004] EWCA Civ 951, Abs68470) answered the question who has the authority to determine whether a town or village green should be registered? CA decided that the registration authority has the authority and is neither obliged nor even permitted to refer the issue to the Commons Commissioners. The article explains how this conclusion was reached and considers other points emerging from this judgment. Outlines the statutory framework for registration of town and village greens before analysing the Whitmey case in detail.
TOWN GREENS
VILLAGE GREENS
COMMONS REGISTRATION ACT 1965 S22(1)
R V COMMONS COMMISSIONERS EX P WHITMEY