000 01789cab a2200229 4500
001 ABS68470
008 041119n2004 000 0 eng u
035 _a(Sirsi) u128061
245 _aR v Commons Commissioners ex p Whitmey
260 _c2004
490 _aEstates Gazette
_v[2004] 45 EG 126-135(10)
520 _a[2004] EWCA Civ 951, 21 July 2004. The appellant W, as an interested party, had made an application to register a piece of land as a town or village green under the Commons Registration Act 1965 s13. The registration authority decided to appoint an independent person to hold a non-statutory inquiry, a decision backed by DEFRA an interested party. W's application for a judicial review seeking a declaration that the Commissioners did have jurisdiction was rejected by the HC. W appealed on the grounds that firstly he sought permission to appeal the questions as to whether an application under s13 of the 1965 Act must relate back to the entry on the register of the greens prior to 3 January 1970, secondly whether disputes as to the registration of new greens under s13 should be referred to the Commons Commissioners and thirdly whether registration of a green under s13 was provisional only. Application for permission to appeal, the appeal and the application for judicial review were dismissed. View judgment at www.bailii.org
590 _aABS
650 _aR V COMMONS COMMISSIONERS EX P WHITMEY
650 _aTOWN GREENS
650 _aVILLAGE GREEN
650 _aCOMMONS REGISTRATION ACT 1965 S13
650 _aR V OXFORDSHIRE CC AND ANOTHER EX P SUNNINGWELL PARISH COUNCIL
690 _aPROPERTY AND LAND LAW-CASE LAW
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2004/951.html
_zView the decision on the BAILII website...
942 _n0
999 _c74612
_d74612