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Disputes over the registration of town and village greens: who decides?

By: Series: Journal of Planning and Environment Law ; February 2005, 159-169(11)Publication details: 2005Subject(s): Summary: 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.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS68770 (Browse shelf(Opens below)) 1 Available 128810-1001

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.