The claimant sought registration of an open area as a Commons under the 2006 Act. Until 2002 it had been tenanted by a golf club. The inspector had recommended against registration, saying that the use by the public for lawful pastimes had been for more than twenty years, but that this use had been generally deferential to the tenants, and so had not been as of right’.
Held: To establish a common, the use had to be ‘as of right’ and the use had acknowledged the tenants’ and therefore the land-owners’ rights. The claim for a common failed.
Judges:
Jackson J
Citations:
[2007] EWHC 3166 (Admin), [2008] JPL 1156, [2008] ACD 38
Links:
Statutes:
Council Directive 79/409/EC of 2nd April 1979, on the Conservation of Wild Birds, Commons Act 2006 15
Jurisdiction:
England and Wales
Cited by:
Appeal from – Lewis, Regina (on the application of) v Redcar and Cleveland Borough Council and Another CA 15-Jan-2009
The claimants sought registration of land as a common, saying that it had been used by the local residents for social activities for many years. The council had licenced the land for use as a golf course for many years.
Held: The residents’ . .
At First Instance – Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another SC 3-Mar-2010
The claimants sought to have land belonging to the council registered as a village green to prevent it being developed. They said that it had for more than twenty years been used by the community for various sports. The council replied that it had . .
Lists of cited by and citing cases may be incomplete.
Planning, European, Land
Updated: 07 May 2022; Ref: scu.271202