The claimants sought judicial review of the refusal by the defendants to register rights of common in certain lands under the 2006 Act. The defendants said that the rights asserted did not fall within the scope of transitional provisions in the 2006 Act.
Held: The Authority’s decision was correct in law. The purpose of Schedule 3 was to provide a brief window within which the commons register could be updated and corrected by incorporating any registrations which could have been, but were not, made under the CRA 1965. Thereafter, any unregistered rights would be extinguished under paragraph 3, repeating the legislative approach adopted by section 1(2)(b) CRA 1965.
Lang DBE J
[2015] EWHC 730 (Admin), [2015] 3 WLR 862, [2015] WLR(D) 136, [2015] 1 QB 869
Bailii, WLRD
Commons Act 2006
Citing:
Cited – Central Electricity Generating Board v Clwyd County Council 1976
The owner of a farm applied late for the registration of a right of common over the Dee Marsh Saltings which had been provisionally registered as common land. After an inquiry the Commons Commissioner, Hugh Francis QC, confirmed the registration of . .
Cited – Oxfordshire County Council v Oxford City Council and others HL 24-May-2006
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a . .
Cited by:
Appeal from – Littlejohns and Another v Devon County Council and Another CA 6-May-2016
Appeal against rejection of request for registration of land as a common: ‘At the heart of the appeal lies the question of law whether it is possible to acquire a right of common by virtue of an express grant or (as in the present case) user after 2 . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 11 November 2021; Ref: scu.544834