The crucial point in the decision was the interpretation of 'statutory incompatibility' from the Supreme Court decision in R (Newhaven Port & Properties Ltd) v East Sussex County Council [2015]. Village Green Litigation Lawyers. Share page. The case related to a port in Mistley, a small town in Essex, which has existed for several centuries and is currently owned in part and operated by TW Logistics Ltd. Le marché de la cigarette électronique est constamment en augmentation. camping) other than for the purpose of the better enjoyment of that green. A green is any land on which a significant number of inhabitants of any area has indulged in lawful sports and pastimes, for 20 years, as of right. statutory undertakers and public bodies) will welcome the decision for it will assist in resisting any TVG application. Concurrently, there had been port-related commercial activities, including passage of commercial vehicles, loading and unloading of them and temporary storage of materials. The value of the Contact phone number field is not valid. In a recent case there was an authorised golf course on the land and it was argued that it was not a village green. Given there were two dissenting judgments, there is scope for further clarification of this nuanced area of law and with so much at stake, we expect to see more hard fought cases on this topic reach the courts in coming months. Call or email lawyers directly or ask us to contact them for you. The land in question was held for healthcare purposes by NHS Property Services Ltd. subsequent case law. It is an offence to drive over a registered town or village green without lawful authority and in certain other circumstances. Recent case law (Oxfordshire County Council vs Oxford City Council and Robinson) makes it clear that registration as a green would render any development which prevented continuing use of the green as a criminal activity under the Inclosure Act 1857 and the Commons Act 1876. The land’s commercial value plummets as use of the land is severely restricted. Registering land in this way can prevent it from being developed, which is exactly what local residents managed to do in Redcar in the North East of England. issue 1 – the factual background • 185 village green applications in 2009. The land that is registered as a TVG is part of an area of the port known as Thorn Quay or Allen’s Quay and includes a stretch of the water frontage. The Court held that in the absence of some special and conflicting statutory provision, once the criteria under the Commons Act 2006 has been established, there is nothing to prevent registration of the land as a TVG. The Court agreed with TW Logistics Ltd that it may be right that registration of the TVG would prevent it from significantly expanding its operations but said that that is an inevitable consequence of registration. The law as it stands: ... As of 25 April 2013 Town and Village Green applications will not be permitted in England once a “trigger event” has occurred. Lord Justice Lewison stated that this was a question of fact. This is a very wide definition, which in the past has resulted in rocks, car parks, golf courses, school playgrounds, a quarry and scrubland being registered as TVGs. If the land is successfully registered as a TVG, it becomes protected by the Inclosure Act 1857 and the Commons Act 1876 (the so-called Victorian Acts) which effectively make it a criminal offence to develop the registered land for commercial purposes. We have extensive experience of town or village green related matters and regularly provide fixed price reviews of town or village green risk for specific sites, including advice on the steps landowners can take to reduce the risk of registration applications. By Mike Sergeant Local government correspondent, BBC News. This Supreme Court decision was on two conjoined cases: R (on the application of Lancashire County Council) v Secretary of State for the Environment, Food and Rural Affairs and another and R (on the application of NHS Property Services Ltd) v Surrey County Council and another [2019] UKSC 58. TW Logistics Ltd appealed, claiming that: The Court of Appeal dismissed the appeal on the following grounds. Construction contract execution during COVID-19 and beyond, Burges Salmon advises UK government on key part of COVID-19 response. The inspector found that both types of activities had co-existed for many years and local people avoided a passing lorry or forklift truck without causing any problems to the commercial activities. A fertile ground for dispute. Village Green Owners Assn., supra, 33 Cal.3d 790, 191 Cal.Rptr. The Court of Appeal allows a privately owned commercial port to be registered as a Town and Village Green. 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