000			02576cab a22002775a 4500
001			L147273
008			090423e20090315xxk f v 000 0 eng d
035			_a(Sirsi) u147273
041	0		_aeng
245	0	0	_aLewis, R (on the application of) v Redcar and Cleveland Borough Council and Anor _h[electronic resource]
260			_c2009
520			_a[2009] EWCA Civ 3, 15 January 2009. Case shows that it will not be possible to register land as a town or village green if the locals have consistently deferred to the landlord's use of that land. Amenity land may thus be subject to development. The appellant (L) appealed against a ruling upholding a decision of the first respondent local authority not to register certain land used by a local golf club as a town green under the Commons Act 2006 s.15. L and others had made the application for registration. A local independent inspector (C) found that, until 2002, the land had been used extensively by local inhabitants for recreational activities (lawful sports and pastimes) for the purposes of the Act. However, C also found the use was not 'as of right' because the locals had deferred to the land use as a golf course. The local authority therefore rejected the application for registration. L appealed. Held: appeal dismissed. The local people had satisfied the criteria for 'use of right' in the respect that they used the land without force, secrecy or permission. However, it is also necessary that the use be such that a reasonable landlord is effectively put on notice that the users are asserting a legal right. The users had not done so because they had consistently deferred to the owner's use. Crucially, the local people had overwhelmingly deferred to the golfers when using the land, as the inspector had found.
590			_aKA
650	2	4	_aCOMMONS ACT 2006 S15
650	2	4	_aHOLLINS V VERNEY
650	2	4	_aCUMBERNAULD AND KILSYTH DC V DOLLAR LAND (CUMBERNAULD) LTD
650	2	4	_aR V SUNDERLAND CITY COUNCIL EX P BERESFORD
650	2	4	_aR V OXFORDSHIRE CC AND ANOTHER EX P SUNNINGWELL PARISH COUNCIL
650	2	4	_aR(ON THE APPLICATION OF LAINING HOMES LTD) V BUCKINGHAMSHIRE CC
650	2	4	_aOXFORDSHIRE CC V OXFORD CITY COUNCIL AND ANOTHER
650	2	4	_aLEWIS, R (ON THE APPLICATION OF) V REDCAR AND CLEVELAND BOROUGH COUNCIL AND ANOR
651		4	_aEngland and Wales _y1543-
690			_aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-DEVELOPMENT CONTROL
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2009/3.html _zView the case at: www.bailii.org...
942			_n0
999			_c81464 _d81464