Residents seek permission for judicial review of deregistration of TVG land

A group of residents is to seek a judicial review of the decision by the Secretary of State for Levelling Up, Housing and Communities to deregister part of a town and village green land (TVG) and exchange it for alternative land nearby.

The TVG land is known as Woodcock Hill in Elstree and Borehamwood.

Landmark Chambers said that in pre-action correspondence both the Secretary of State and the developer, argued that the Aarhus cost cap did not apply.

The claimants argued that this would have frustrated the claim as it would have been prohibitively expensive for the residents to continue.

Landmark said that following further pre-action correspondence, the Secretary of State and the developer had reserved their position on the Aarhus cost cap but had agreed a protective costs order to the same effect.

The set said: “The outcome of this case raises important questions as to the definition of the neighbourhood under s.16 of the Commons Act 2006 and whether residents have a right to undertake nature conservation as a lawful sport and pastime.”

Joe Thomas of Landmark Chambers, instructed by Matthew McFeeley at Richard Buxton Solicitors, represents the claimant on behalf of the residents.