Newhaven Port and Properties Ltd, R (on the application of) v East Sussex County Council & Anor

Newhaven Port and Properties Ltd, R (on the application of) v East Sussex County Council & Anor

Registration of West Beach as a town or village green is not precluded by incompatibility with NPP's statutory functions, tidal nature, lack of fixed boundary, byelaws, presumed Crown permission, or absence of public right of access. The statutory criteria under Commons Act 2006 are satisfied, and Parliament has not imposed additional restrictions. Use was as of right, not by permission, and the appeal is allowed.

Parties
Claimant/respondent: Newhaven Port and Properties Limited; Defendant/first Appellant: East Sussex County Council; Interested Party/second Appellant: Newhaven Town Council
Jurisdiction
England and Wales
Judgment Date
27 March 2013
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Commons Act 2006, Town and Village Greens, Statutory Incompatibility, Byelaws, Foreshore Rights, Use as of Right, Registration Criteria
Property Law Administrative Law Statutory Interpretation Commons Act 2006 Town and Village Greens Statutory Incompatibility Byelaws Foreshore Rights +2 more

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Parties

Newhaven Port and Properties Limited

Claimant/respondent

East Sussex County Council

Defendant/first Appellant

Newhaven Town Council

Interested Party/second Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether registration of West Beach as a town or village green is incompatible with NPP's statutory powers and duties
  2. 2 Whether a tidal beach can be registered as a town or village green under the Commons Act 2006
  3. 3 Whether land with no fixed boundary due to tides can be registered

Ratio Decidendi

Registration of West Beach as a town or village green is not precluded by incompatibility with NPP's statutory functions, tidal nature, lack of fixed boundary, byelaws, presumed Crown permission, or absence of public right of access. The statutory criteria under Commons Act 2006 are satisfied, and Parliament has not imposed additional restrictions. Use was as of right, not by permission, and the appeal is allowed.

Court Disposition

Appeal allowed

Orders

  • Registration of West Beach as a town or village green is not precluded by incompatibility with statutory functions or other grounds advanced by NPP.
  • The registration authority may proceed with registration if statutory criteria are met.