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’ appeal failed. In the context of planning applications ‘the test of apparent bias relating to predetermination is an extremely difficult test to satisfy.’
Laws, Rix, Dyson LJJ
[2009] EWCA Civ 3, [2009] 1 WLR 83, [2009] 3 EG 103, [2009] NPC 8, [2009] 1 EGLR 79, [2009] 15 EG 100, [2009] EWCA Civ 3, [2009] BLGR 649, [2009] 1 WLR 1461, [2009] BLGR 649, [2009] 4 All ER 1232, [2009] JPL 1192, [2009] 15 EG 100, [2009] NPC 8, [2009] 1 EGLR 79, [2009] 3 EG 103
Bailii, Bailii
England and Wales
Citing:
Appeal from – Lewis, Regina (on the Application of) v Redcar and Cleveland Borough Council Admn 20-Dec-2007
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 . .
Cited by:
Applied – Chandler v London Borough of Camden Admn 13-Feb-2009
Forbes J considered the test for whether apparent bias was shown when it was suggested that the local authority may have already made up its mind on a school re-organisation. . .
Appeal from – 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, Administrative, Land
Updated: 03 December 2021; Ref: scu.402564