When is a beach not a beach? When it's a town and village green
Landowners and developers will, by now, be well aware that section 15 of the Commons Act 2006 (the CA 2006) provides that, in many cases, land can be registered as a town and village green (TVG) and therefore development on that land can be prevented if a significant number of local inhabitants have used the land, as of right, for lawful sports and pastimes for a period of at least 20 years. In accordance with section 61 of the CA 2006, land includes ‘land covered by water’. However, in R (Newhaven Port and Properties Ltd) v East Sussex County Council and another, the Court of Appeal has decided that it should also cover a tidal beach.
A breakwater, built as part of the port development at the mouth of the River Ouse in Newhaven, has caused an area of sand and silt to build up over time. This area, known as West Beach, is covered by the sea for a significant proportion of every day, but was registered by the Council as a TVG under the CA 2006. The owner of the land, the Port, sought judicial review of the Council’s decision to register the beach as a TVG and, at first instance, the registration was quashed. However, the High Court’s decision was made only on the basis that registration was incompatible with, and would conflict with, the Port’s statutory powers and duties. The case went on to the Court of Appeal as the Council challenged the quashing, and the Port cross-appealed on its various other grounds of opposition to the registration. The Court of Appeal has now considered a number of arguments, and has given an interesting and comprehensive judgment, which may not make comfortable reading for developers…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
The draft Construction (Design and Management) Regulations 2015 are in the process of being approved by Parliament. This briefing highlights the key changes.
In February the Court for the first time granted a partial stay due to the paying party’s financial difficulties. This was considered to be a rare case but it is likely that we will now see parties seeking to persuade the Court that their circumstances also merit a partial stay.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.