000 02300cab a2200313 4500
001 ABS67450
008 040123n2004 000 0 eng u
035 _a(Sirsi) u124896
100 _aBerry, J.
245 4 _aThe murky ground of village greens
260 _c2004
490 _aEstates Gazette
_v(0402) 10 January 2004, 84-86(2)
520 _aOutlines 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.
590 _aABS
650 _aVILLAGE GREENS
650 _aTOWN GREENS
650 _aLAW OF COMMONS
650 _aCOMMONS REGISTRATION ACT 1965
650 _aR V OXFORDSHIRE CC AND ANOTHER EX P SUNNINGWELL PARISH COUNCIL
650 _aR V SUNDERLAND CITY COUNCIL EX P BERESFORD
650 _aR V SUFFOLK CC EX P STEED AND ANOTHER
650 _aR V BUCKINGHAMSHIRE CC AND ANOTHER EX P LAING HOMES LTD
650 _aR V SOUTH GLOUCESTERSHIRE DC EX P CHELTENHAM BUILDERS LTD
650 _aR V STAFFORDSHIRE CC EX P ALFRED MCALPINE HOMES LTD
650 _aOPEN SPACES
690 _aPROPERTY
700 _aCawley, E.
942 _n0
999 _c74065
_d74065