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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

Procedure on application to register

R (St John’s College, Cambridge) v Cambridgeshire County Council
[2017] EWHC 1753 (Admin)

Summary

The High Court dismissed an application for judicial review of two procedural decisions by the Council relating to an application for land to be registered as a Town or Village Green. The applicant’s interpretation of the relevant regulation was incorrect.

Relevant statutory provisions

Regulation 5(4) of The Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007 states:

“Where an application appears to the registration authority after preliminary consideration not to be duly made, the authority may reject it without complying with paragraph (1), but where it appears to the authority that any action by the applicant might put the application in order, the authority must not reject the application under this paragraph without first giving the applicant a reasonable opportunity of taking that action.”

Reg. 5(1) requires the registration authority to take steps to give notice of an application regarded as duly made.

Facts

D delivered to the Council a form which indicated that it was an application under s15(2) of the 2006 Act i.e. that “a significant number of the inhabitants o ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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