Welcome to our Getting Greens Registered updates page.

March 2008 updates

UPDATES FOR GETTING GREENS REGISTERED (2nd Edition)

Paragraph 106:-

Betterment Properties (Weymouth) Ltd v Dorset County Council [2008] EWCA Civ 22.

On an application to remove land from the register of town or village greens (under section 14 of the Commons Registration Act 1965), the parties could adduce whatever evidence they wished, subject to the court’s exercise of its case-management powers. However, once part 1 of the Commons Act 2006 is fully implemented section 14 will no longer apply.

www.bailii.org/ew/cases/EWCA/Civ/2008/22.html

Paragraph 111 and paragraph 120:-

Mclaren v Kubiak [2007] EWHC 1065 (ch)

This resulted in a reduction in the ability of an objector or landowner to apply to the court for a declaration about the status of the land, where an application has been made to the registration authority to have land registered as a village green.

His Honour Judge Pelling QC refused to grant a declaration that the site was not registerable as a new town or village green and said that the registration authority should determine the application.

www.bailii.org/ew/cases/EWHC/Ch/2007/1065.html

Appendix 7 correction

Commons Commissioners’ decisions are available at:-

Commons.villagegreens@defra.gsi.gov.uk or www.cgrma.org.uk/commissionersdecisions/