Oxfordshire County Council v Oxford City Council [2005] EWCA Civ 175; [2005] 09 EG 189 (CS)
The Commons Registration Act 1965 permits registration authorities to register land as a town or village green – and registration will normally put paid to any possibility of development.
The High Court judgment in this case suggested that where local residents had used land for sports and pastimes as of right for an unbroken period of 20 years, that land was a green, regardless of whether it was formally registered.
The Court of Appeal, however, has taken a different approach. Its judgment clarifies the law and establishes that landowners can object to an application for registration at any time before the application is determined, and that land acquires the status of a town or village green only upon registration.
The decision should significantly reduce the scope for campaigners to register new greens simply to frustrate development. However, it is understood that the decision might be appealed.
Jan Hebblethwaite and Allyson Colby are associates in the real estate group at Wragge & Co LLP
Oxfordshire County Council v Oxford City Council [2005] EWCA Civ 175; [2005] 09 EG 189 (CS)
The Commons Registration Act 1965 permits registration authorities to register land as a town or village green – and registration will normally put paid to any possibility of development.
The High Court judgment in this case suggested that where local residents had used land for sports and pastimes as of right for an unbroken period of 20 years, that land was a green, regardless of whether it was formally registered.
The Court of Appeal, however, has taken a different approach. Its judgment clarifies the law and establishes that landowners can object to an application for registration at any time before the application is determined, and that land acquires the status of a town or village green only upon registration.
The decision should significantly reduce the scope for campaigners to register new greens simply to frustrate development. However, it is understood that the decision might be appealed.
Jan Hebblethwaite and Allyson Colby are associates in the real estate group at Wragge & Co LLP
