0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

council wins turf war

9 February 2011

In R (Barkas) v North Yorkshire County Council and Scarborough Council the High Court has upheld the decision of the local authority not to register a playing field, set out and maintained as a recreation ground under section 80 of the Housing Act 1936 (HA 1936), as a town or village green under the Commons Act 2006.

The application failed on the grounds that use of the field was “by right” and not “as of right”. The Court followed the obiter comments made in the House of Lords in R (Beresford) v Sunderland County Council [2003] UKHL 60 that use by virtue of a legal right is not use “as of right”.

The decision could therefore make land which has been laid out by local authorities under section 80 of the HA 1936 more attractive to developers, since entitlement to use the land under these sections will prevent registration of land as a town or village green under CA 2006.

related opinions

Supreme Court provides comfort to public authorities facing village green applications

In a lengthy majority judgment accompanied by two powerful dissenting opinions, the Supreme Court found yesterday that land acquired and held for statutory purposes cannot be registered as a village green where that registration is incompatible with the statutory purpose for which it is held.

View blog

High Court finds against WASPI women

The High Court has rejected the judicial review claim brought by the campaign group BackTo60 against the Department of Work and Pensions (DWP).

View blog

Compulsory drone registration goes live on 1 October 2019

As part of the continued tightening of the restrictions on drone use within UK airspace, the latest amendments to the Air Navigation Order 2016 come into force on 30 November 2019.

View blog

Watch this space on breach of contract, vicarious liability and assumption of responsibility

The concept of Assumption of Responsibility is on many stakeholders’ minds at the moment following the Supreme Court decision in CN & GN v Poole.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up