Deregistration of Town and Village Greens: Strack in the Court of Appeal
The Court of Appeal has dismissed an appeal challenging the deregistration of a town and village green (“TVG”) and its replacement with adjoining land. Hugh Flanagan, Douglas Edwards KC and Michael Rhimes explain why.
The original application was brought by Laing Homes (now Taylor Wimpey Ltd.), and granted by an Inspector appointed by the Respondent in the appeal (the Secretary of State for Environment, Food and Rural Affairs). The legal challenge was made by a local resident .
The decision is the first at Court of Appeal level regarding the provisions in section 16 of the Commons Act 2006 which allow for deregistration of TVGs.
The factors to be considered under section 16 include “the interests of the neighbourhood” and “the public interest” (section 16(6)(b) and (c)). The Appellant argued that the Inspector had overlooked that only the local inhabitants had the legal right to use the TVG (and thus the replacement land) and that he had wrongly considered the benefits of accessibility of the replacement land to other persons, who would be trespassers.
The Court of Appeal upheld Lane J’s judgment in the High Court (see news item here). The Court held that the factors to which section 16(6) are broad. There is no necessary hierarchy between them. The Inspector had properly balanced those factors, and reached the rational conclusion that the application for deregistration should be granted (paragraph 106 and 115). The majority (Singh and Laing LJJ) recognised that “in strict theory” there was a distinction between the local inhabitants (who had the right to use the replacement land) and the broader public (who did not), but that any such error committed by the Inspector would have made no difference to his overall conclusion (paragraph 115).
The Senior President of Tribunal’s judgment contains a discussion of the nature of TVG rights which will be of interest to practitioners (paragraphs 45 onwards).
A copy of the judgment can be read here.
Hugh Flanagan of Francis Taylor Building acted for the Secretary of State for Environment, Food and Rural Affairs in the Court of Appeal and the High Court.
Douglas Edwards KC, also of FTB, acted for Taylor Wimpey Ltd. at Inquiry for the deregistration of the TVG. He represented them as First Interested Party in the High Court and the Court of Appeal, leading Michael Rhimes. They were instructed by Jan Hebblethwaite and Richard Thurling of Gowling WLG.
