000			01596cam a2200241 4500
001			ABS65765
008			020805n2002 000 0 eng u
035			_a(Sirsi) u119173
245			_aR v Sunderland City Council ex pa Beresford
260			_c2002
490			_aProperty, Planning and Compensation Reports _v[2002] 1 P&CR 422-433 (10)
520			_aCA 26 July 2001. Appellant (B) and three others submitted an application for land to be registered as a town green under the Commons Registration Act 1965. Respondent (S) refused the application on the ground that the land had been used by local residents for more than 20 years by implied permission not as of right. B challenged the decision by judicial review raising two issues (a) can an implied permission defeat an as of right claim? (b) if so, should the decision be quashed as legally flawed?. Judgement for (a) was yes and no for (b) and these were appealed. "Held" Appeals dismissed. No reason in principle why implied permission should not be relied on by owner to defeat a claim of use as of right. Grants of permission do not have to be restricted to oral or written consents. As for (b) the public ownership of the land was a factor of limited weight and there was no grounds for impugning the decision.
590			_aABS
650			_aCOMMONS
650			_aTOWN GREENS
650			_aVILLAGE GREENS
650			_aCOMMONS REGISTRATION ACT 1965
650			_aCONSENTS
650			_aJUDICIAL REVIEW
650			_aR V SUNDERLAND CITY COUNCIL EX P BERESFORD
690			_aPROPERTY AND LAND LAW-CASE LAW
942			_n0
999			_c70891 _d70891