North Yorkshire County Council has agreed to reconsider its decision to de-register common land surrounding three historic buildings on Low Moor, Richmond, the site of a former horse racing track.
The buildings had been erected in connection with the use of the moor as a racecourse but that use had come to an end in 1891. The buildings currently had no use.
Barristers’ chambers Francis Taylor Building said the issue was whether curtilage can include land which has no demarcation on the ground.
The Open Spaces Society had said no, but the local authority disagreed.
However, following service on it of judicial review proceedings and the grant of permission by Mrs Justice Lieven, North Yorkshire has agreed to its decision being quashed and to reconsider the matter.
Richard Buxton Solicitors and Philip Petchey of FTB acted for the Open Spaces Society.
The application to de-register the land was made by Richmond Burgage Pastures Committee, which owns the town's former racecourse. It has reportedly claimed that the buildings were mistakenly included on the national registry of common land and village greens in 1968.