PLT Masthead 430

Masthead Healthcare - Litigation

Council and NHS Property Services lose Court of Appeal cases on village greens

The Court of Appeal has handed down a key ruling in conjoined cases covering village greens, land owned by public bodies and the concept of “statutory incompatibility”.

In the first case in Lancashire County Council, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs & Anor [2018] EWCA Civ 721 the Court of Appeal dismissed an appeal brought by Lancashire County Council, as local education authority, over a High Court judge’s upholding of an inspector’s decision to register part of land near a primary school in Lancaster as a village green. In 2016 Mr Justice Ouseley had dismissed the county council’s challenge to the registration.

In the second case the Court of Appeal allowed an appeal by Timothy Jones against a ruling in July 2016 by Mr Justice Gilbart. The latter had upheld a judicial review challenge brought by NHS Property Services over the decision of Surrey County Council to register land near Leatherhead Hospital as a village green.

The key question in both cases set out by Lord Justice Lindblom was: Did the concept of "statutory incompatibility" defeat an application for the registration of land as a town or village green under section 15 of the Commons Act 2006? This was in the light of the Supreme Court ruling in the village green case of R(Newhaven Port & Properties Ltd) v East Sussex County Council [2015] UKSC 7.

The judgment can be viewed here.

 

Page Sponsor - A&M Bacon

Archive

Search more than 10,000 articles

Newsletter Subscription

* indicates required
Choose Newsletter(s) (tick all that apply)
 

Featured Events

Fixed term tenancies - Cornerstone Barristers

London

CPD Hours3 FeeEarly Bird offer £30+VAT (Until 1st October) / Standard Ticket £40 +VAT VenueCornerstone Barristers, 2-3 Gray's Inn Square, London, WC1R 5JH More details to follow...
→ View listing
Succession & assignment of tenancies - Cornerstone Barristers

London

CPD Hours3 FeeEarly Bird offer £30+VAT (Until 1st August) / Standard Ticket £40 +VAT VenueCornerstone Barristers, 2-3 Gray's Inn Square, London, WC1R 5JH More details to follow...
→ View listing
Local Authorities – Planning Seminar Series 2018: Leeds - No5 Chambers

Yorkshire

No5 Barristers' Chambers Planning Group invites you to join them at their Local Authorities Seminar Series which is taking place in London, Bristol, Leicester and Leeds. The Seminars consist of a morning session dedicated to Planning and Development Update...
→ View listing
Local Authorities – Planning Seminar Series 2018: Leicester - No5 Chambers

East Midlands

No5 Barristers' Chambers Planning Group invites you to join them at their Local Authorities Seminar Series which is taking place in London, Bristol, Leicester and Leeds. The Seminars consist of a morning session dedicated to Planning and Development Update...
→ View listing
Commercial property: CRAR and forfeiture of lease - High Court Enforcement

Distance Learning

Cost: Free-of-charge This webinar will cover commercial property and forfeiture of lease and is intended for those in the commercial property sector and property solicitors.  
→ View listing
FTB Annual Planning Forum

West Midlands

This half day afternoon seminar will provide an opportunity to be informed about and discuss the latest developments in planning with some of the leading barristers in the field. It will focus on key practical issues, providing a convenient way for busy...
→ View listing
High Court enforcement for business - The Sheriffs Office

Distance Learning

Cost: Free-of-charge In this CPD webinar we will cover High Court enforcement for business, this webinar will be useful content for solicitors and credit controllers and for any one who has their own business|
→ View listing
Local Authorities – Planning Seminar Series 2018: Bristol - No5 Chambers

South-west

No5 Barristers' Chambers Planning Group invites you to join them at their Local Authorities Seminar Series which is taking place in London, Bristol, Leicester and Leeds. The Seminars consist of a morning session dedicated to Planning and Development Update...
→ View listing
HB Editorial Services Ltd 2016.