The murky ground of village greens
Series: Estates Gazette ; (0402) 10 January 2004, 84-86(2)Publication details: 2004Subject(s):- VILLAGE GREENS
- TOWN GREENS
- LAW OF COMMONS
- COMMONS REGISTRATION ACT 1965
- R V OXFORDSHIRE CC AND ANOTHER EX P SUNNINGWELL PARISH COUNCIL
- R V SUNDERLAND CITY COUNCIL EX P BERESFORD
- R V SUFFOLK CC EX P STEED AND ANOTHER
- R V BUCKINGHAMSHIRE CC AND ANOTHER EX P LAING HOMES LTD
- R V SOUTH GLOUCESTERSHIRE DC EX P CHELTENHAM BUILDERS LTD
- R V STAFFORDSHIRE CC EX P ALFRED MCALPINE HOMES LTD
- OPEN SPACES
- PROPERTY
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS67450 (Browse shelf(Opens below)) | 1 | Available | 124896-1001 |
Outlines the complex legal framework for the registration of town and village greens under the Commons Registration Act 1965. Examines how the courts have dealt with applications for registration of village greens. Refers extensively to case law throughout. "R v Oxfordshire CC ex p Sunningwell Parish Council" (HL, Abs60977) opened the floodgate from last resort applications to prevent development and although "R v Sunderland CC ex p Beresford" ([2003] UKHL 60, Abs67285) found in favour of registration, the case highlights the difficulties which landowners can face when opposing such applications. Discusses "Beresford" in some depth highlighting its implications for landowners and property developers. "R v Buckinghamshire CC and another ex p Laing Homes Ltd" ([2003] EWHC 1578, Abs67014) found in favour of the developer Laing dismissing the users claim that they had use of the land as of right. "R v South Gloucestershire DC ex p Cheltenham Builders" ([2003] EWHC 2803 (Admin), [2004] JPL 975) quashed registration on grounds of user, fairness and locality. "R v Staffordshire CC ex p Alfred McAlpine Homes Ltd" [2002] EWHC 86 (Admin), [2002] 2 PLR 1) held that as few as six local inhabitants constituted a significant number to signify use in general by inhabitants of the community.