Source: All England Reporter
Publisher Citation: [2012] All ER (D) 251 (Oct)
Neutral Citation: [2012] EWCA Civ 1373
Court: Court of Appeal, Civil Division
Judge:

Richards, Sullivan and McFarlane LJJ

Representation Douglas Edwards QC (instructed by Richard Buxton Solicitors) for the applicant.
  Ruth Stockley (instructed by North Yorkshire County Council) for the authority.
  William Hanbury (instructed by Scarborough Borough Council) for the borough council.
Judgment Dates: 23 October 2012

Catchwords

Commons - Registration - Town or village green - Respondent local authority refusing application for registration of playing field as town or village green - Authority finding local inhabitants use of field by right not as of right - Whether authority erring - .

The Case

Commons Registration. The Court of Appeal, Civil Division dismissed an appeal against a local authority's refusal to register a playing field as a town or village green pursuant to of the Commons Act 2006. It found that the field had been 'appropriated for the purpose of public recreation' and thereafter maintained under an express statutory power, namely s80(1) of the Housing Act 1936 (subsequently of the Housing Act 1985). Accordingly, throughout the relevant 20 year period the local inhabitants had indulged in lawful sports and pastimes on the field by right and not as of right.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.