R v Buckinghamshire CC and another ex p Laing Homes Ltd
Series: Journal of Planning and Environment Law ; [2004 JPL 319-353(35)Publication details: 2003Subject(s): Online resources: Summary: [2003] EWHC 1578, 8 July 2003. Application by claimant (L) for a judicial review of decision by defendant council (B) to register land as a village green under the Commons Registration Act 1965 s22. Land was owned by L. B's decision was based upon an inspector's report that the local inhabitant had enjoyed recreational use of the land as of right for at least 20 years. The inspector had concluded that the use of the land by a licensee of L for an annual cutting of hay for more than one-half of the 20-year period and for low-level grazing was not incompatible with the establishment of village green rights. L argued that the registration would make the land subject to the Inclosure Act 1857 s12 and the Commons Act 1876 s29 which would impose severe restrictions upon the use of its land. HC held that village green rights could not be established where land used to cultivate and harvest a hay crop. Claim allowed. Decision quashed. View judgment at www.bailii.org.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS67014 (Browse shelf(Opens below)) | 1 | Available | 123268-1001 |
[2003] EWHC 1578, 8 July 2003. Application by claimant (L) for a judicial review of decision by defendant council (B) to register land as a village green under the Commons Registration Act 1965 s22. Land was owned by L. B's decision was based upon an inspector's report that the local inhabitant had enjoyed recreational use of the land as of right for at least 20 years. The inspector had concluded that the use of the land by a licensee of L for an annual cutting of hay for more than one-half of the 20-year period and for low-level grazing was not incompatible with the establishment of village green rights. L argued that the registration would make the land subject to the Inclosure Act 1857 s12 and the Commons Act 1876 s29 which would impose severe restrictions upon the use of its land. HC held that village green rights could not be established where land used to cultivate and harvest a hay crop. Claim allowed. Decision quashed. View judgment at www.bailii.org.