The port challenged the proposed registration of part of the beach at Newhaven as a village green, saying that the result would be inconsistent with their performance of their statutory duties.
Judges:
Richards, McFarlane, Lewison LJJ
Citations:
[2013] EWCA Civ 276, [2013] 3 All ER 677, [2014] QB 186, [2013] 15 EG 105, [2013] 3 WLR 1389, [2013] 2 EGLR 1, [2013] WLR(D) 127
Links:
Statutes:
Commons Act 2006, The Newhaven Harbour and Ouse Lower Navigation Act 1847, Newhaven Harbour Improvement Act 1878
Jurisdiction:
England and Wales
Citing:
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 . .
Appeal from – Newhaven Port and Properties Ltd v East Sussex County Council and Others Admn 21-Mar-2012
The company objected to the proposed registration by the defendant Council of a strip of beach land as a common. They said that it was not a ‘town or village green’ within the 2006 Act.
Held: The court rejected all grounds of objection, save . .
Cited by:
See Also – Newhaven Port and Properties Ltd, Regina (on The Application of) v Secretary of State for The Environment Food and Rural Affairs CA 14-Jun-2013
. .
Appeal from – Newhaven Port and Properties Ltd, Regina (on The Application of) v East Sussex County Council and Another SC 25-Feb-2015
The court was asked: ‘whether East Sussex County Council . . was wrong in law to decide to register an area . . known as West Beach at Newhaven . . as a village green pursuant to the provisions of the Commons Act 2006. The points of principle raised . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 14 November 2022; Ref: scu.472066
