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Public access to land.

The editor of this section of the site is William Batstone, barrister at Guildhall Chambers, Bristol (www.guildhallchambers.co.uk)

Town or village greens

Rectification of the register

TW Logistics Limited v Essex County Council
[2017] EWHC 185 (Ch)

Summary

The High Court dismissed an application by the claimant company under s14 of the Commons Registration Act 1965 for rectification of the register of town or village greens to remove an area of land. The Judge did not agree that the land ought not to have been registered as a TVG.

Relevant statutory provisions

Section 15 of the Commons Act 2006 (so far as relevant) provides:

"(1) Any person may apply to the commons registration authority to register land to which this Part applies as a town or village green in a case where subsection (2), (3) or (4) applies.
…….
(3) This subsection applies where:
(a) a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years;
(b) they ceased to do so before the time of the application but after the commencement of this section; and
(c) the application is made within the period of two years beginning with the cessation referred to in paragraph (b)."

Section 14 of the Commons Registration Act 1965 (so far as relevant) provides:
    "The High Court may order a register maintained under this Act to be amended if … (b) the register has been amended in pursuance of section 13 of this Act and it appears to the court that no amendment or a different amendment ought to have been made and that the error cannot be corrected in pursuance of regulations made under this Act; and … the court deems it just to rectify the register."Facts

    The application related to land (the Land) forming part of a working port, including part of the water frontage onto a river. The Inspector, whose recommendation the Council accepted, found that s15(3) was satisfied because “a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, indulged as of right in lawful sports ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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