Applications to register new town or village greens – Important new decision
LEEDS GROUP PLC v LEEDS CITY COUNCIL - [2010] EWHC 810 (Ch)
The short points of the decision are:-
Registration of a new green under section 15 of the Commons Act 2006 requires proof that land has been used as of right for lawful sports and pastimes for 20 years by “a significant number of the inhabitants of any locality or of any neighbourhood within a locality”. This wording was first used in the Countryside and Rights of Way Act 2000. The Leeds case establishes the following points:
In the expression “any neighbourhood within a locality”
- “locality” meant “locality or localities”.
- a “locality” which has defined boundaries need not be an area known to the law o an electoral ward is capable of being a “locality”
- there is no requirement that a “locality” should be of such a size or situation as to accommodate a “spread” of users. ·
In the same expression:
- There can be more than one neighbourhood
- a neighbourhood must have clear boundaries
- a neighbourhood cannot be defined solely by reference to its inhabitants’ use of the application land
- recreational users need not come predominantly from one neighbourhood.
The definition introduced in 2000 applies even though the relevant 20 years starts before 2000.
