Town and Village Greens - New Ruling
Recreational Use Of 'Open Space'
Irwin Mitchell's Public Law Team, headed by Andrew Lockley, was successful in the Supreme Court in the Coatham Common decision which provides new guidance on the registrability of land as a town or village green. The decision, which overturned the previous judgments of the High Court and Court of Appeal, serves as an incentive to any member of the public seeking to formally register their recreational use of 'open space'.
Establishing use of land 'as of right' is an essential element of a successful application to register land as a town or village green. The Supreme Court provided clarification where there are two or more 'competing' uses of the land; the ruling notes that 'deference' to one particular land use will not preclude the subservient land use from being 'as of right'.
Given the ruling makes it easier for members of the public to formalise their use of open space, the decision also serves as a warning to land owners and developers who may be precluded from obtaining planning permission for future development.
If you would like any advice on the implications of the ruling, then please do not hesitate to contact Irwin Mitchell LLP on 0370 1500 100 or send an online enquiry.
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