Oxfordshire County Council v Oxford City Council and Another: CA 24 Feb 2005

The court was asked as to the power to amend an application for registration of land as a village green, in the absence of any specific provision in the regulations permitting amendment. Guidance was sought for practitioners.
Held: The 1965 Act ‘created no new legal status, and no new rights or liabilities other than those resulting from the proper interpretation of section 10’.
Carnwath LJ said: ‘The concept of a ‘modern’ class c green, as it has emerged in the cases since 1990, would, I think, have come as a surprise to the Royal Commissioners, and to the draftsman of the 1965 Act. There is no hint of it in the Royal Commission Report, or the Parliamentary Debates on the Bill. The commissioners’ terms of reference were directed to sorting out the problems of the past, not to creating new categories of open land, for which there was no obvious need. By this time, of course, there were numerous statutes conferring on public authorities modern powers for the creation and management of recreational spaces for the public.’


Peter Gibson, Carnwath LJJ, Blacnurne J


[2005] EWCA Civ 175, [2005] 3 All ER 961, [2005] 3 WLR 1043, [2006] Ch 43




Commons Registration Act 1965 10


England and Wales


CitedInverclyde District Council v Lord Advocate 1981
An application for submission of details supporting an application for outline planning permission had been made within the time limit. However, following an inquiry the Secretary of State had indicated that approval would be appropriate in respect . .

Cited by:

CitedLancashire County Council, Regina (on The Application of) v SSEFRA and Another SC 11-Dec-2019
Two appeals as to the circumstances in which the concept of ‘statutory incompatibility’ will defeat an application to register land as a town or village green where the land is held by a public authority for statutory purposes. In the first case, . .
Lists of cited by and citing cases may be incomplete.


Updated: 15 May 2022; Ref: scu.565105