‘By right’ or ‘as of right’: Supreme Court holds that public recreation ground cannot be registered as a village green
We have reported previously on this case, which much to everyone’s surprise won permission to appeal to the Supreme Court. The Lords, however, agreed with the lower two courts, but this case is still worth a look because it also rules that the decision and reasoning in an earlier, and contradictory, House of Lords decision (Beresford) can no longer be relied upon.
In Barkas, the issue was whether the Helredale playing field in Whitby, which Scarborough Borough Council maintains as ‘recreation grounds’ pursuant to what is now section 12(1) of the Housing Act 1985, could be registered as a village green under section 15(2) of the Commons Act 2006.
Section 15(2) states that any person may apply to register land as a town or village green where a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, have indulged as of right in lawful sports and pastimes on the land for at least 20 years…
Click on the link below to read the rest of the Walker Morris briefing.
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
Also: defining ‘building’ in planning policy; and more
Notices served in the first four months of an assured shorthold tenancy will be invalid, and other changes
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.