Source: All England Reporter
Publisher Citation: [2012] All ER (D) 183 (Mar)
Neutral Citation: [2012] EWHC 647 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Ouseley J
Representation Charles George QC and Philip Petchey (instructed by DMH Stallard Solicitors) for the claimant.
  Stephen Sauvain QC and John Hunter (instructed by Legal Services Department, East Sussex County Council) for the local authority.
  Edwin Simpson (instructed by Hedleys Solicitors LLP) for the first interested party, Newhaven Town Council.
  David Forsdick (instructed by the Treasury Solicitor) for the second interested party, Secretary of State for Environment, Food and Rural Affairs.
Judgment Dates: 21 March 2012

Catchwords

Commons - Registration - Town or village green - Defendant local authority deciding to register area of beach as village green - Claimant port authority objecting to decision - Whether registration of beach compatible with it being operational port land - .

The Case

Commons Registration. The Administrative Court, in allowing the claimant's claim, held that, in the circumstances, since registration of the area of beach as a village green was not compatible with the statutory purpose for which the land was held by the claimant port authority, it could not be registered as such.

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