Waksman QC J considered dicta in the Sunningwell case and concluded that what he called the ‘predominance test’ no longer applied in relation to ‘neighbourhood within any locality’ under section 22(1A) of the 1965 Act. He said: ‘there is no reason now to assume that the user required for class (c) rights should be the same as for class (b) rights.
On that footing, I reject the notion that the Predominance Test has been carried forward into s 22(1A). That provision is clear in its terms and provided that a significant number of the inhabitants of the locality or neighbourhood are among the users it matters not that many or even most come from elsewhere’.
Judges:
Waksman QC J
Citations:
[2010] EWHC 530 (Admin), [2010] LGR 631
Links:
Statutes:
Commons Registration Act 1965 22(1A)
Jurisdiction:
England and Wales
Cited by:
Cited – Paddico (267) Ltd v Kirklees Metropolitan Council and Others ChD 23-Jun-2011
The company sought the rectification of the register of village greens to remove an entry relating to its land, saying that the Council had not properly considered the need properly to identify the locality which was said to have enjoyed the rights . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 01 July 2022; Ref: scu.406149
