Whitmey, Regina (on the Application of) v the Commons Commissioners: CA 21 Jul 2004

The applicant sought to leave to appeal against refusal of his challenge to the registration of land as a green.
Held: The 1965 Act did not limit the registration of greens to those which were registered by 3 January 1970. The Commons Commissioners have no jurisdiction in a dispute arising under section 13. The 1969 Regulations clearly required anyone adversely affect to be heard, and they were Human Rights compliant. The registration authority made decisions which did affect landowners, but it had power to hold an inquiry. Leave to appeal refused.
[2004] EWCA Civ 951, Times 10-Aug-2004, [2005] 1 P and CR 24, [2004] 45 EG 126, [2005] 1 QB 282, [2004] 4 PLR 68, [2004] 3 WLR 1342, [2005] QB 282, [2004] 32 EGCS 63, [2004] 3 EGLR 1
Commons Registration Act 1965 13, Commons Registration (New Land) Regulations 1969 6
England and Wales
CitedRe Dance’s Way CA 1962
The chief land registrar should not decide the construction of an instrument, under the power conferred on him by rule 298(1) of the Land Registration Rules, where there was a dispute of the fact as to the surrounding circumstances, but he should . .
CitedOxfordshire County Council v Oxford City Council, Catherine Mary Robinson ChD 22-Jan-2004
Land had been registered in part as a common. The council appealed.
Held: The rights pre-existing the Act had not been lost. The presumption against retrospectively disapplying vested rights applied, and the application had properly been made. . .
CitedRegina v Oxfordshire County Council and Another, Ex Parte Sunningwell Parish Council HL 25-Jun-1999
When setting out to establish that a piece of land has become a village green with rights of common, the tests are similar to those used in the law of prescription and adverse possession. Accordingly, there is no need to establish a belief in those . .
CitedIn re West Anstey Common 1985
Though an enquiry as to whether land is a green can only be initiated by an application for the addition of the claimed green to the register by some individual, the enquiry should not be seen as civil litigation between the applicant and any . .
CitedRegina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
CitedBakewell Management Limited v Brandwood and others HL 1-Apr-2004
Houses were built next to a common. Over many years the owners had driven over the common. The landowners appealed a decision that they could not acquire a right of way by prescription over the common because such use had been unlawful as a criminal . .
CitedChassagnou and Others v France ECHR 29-Apr-1999
A law permitted local authorities to oblige landowners to transfer hunting rights over private land to approved hunting associations. The landowners could not prevent hunting on their property. Landowners so affected were made members automatically . .
CitedAlbert And Le Compte v Belgium (Article 50) ECHR 24-Oct-1983
The applicants were Belgian nationals and medical practitioners. Dr Le Compte was suspended from practising medicine for two years for an offence against professional discipline. He appealed to the Appeals Council, alleging violations of Article 6. . .

These lists may be incomplete.
Updated: 02 May 2021; Ref: scu.199350