Oxfordshire County Council v Oxford City Council & Anor

Oxfordshire County Council v Oxford City Council & Anor

Registration of land as a class c Green under the Commons Registration Act 1965 confirms the existence of rights for local inhabitants to indulge in lawful sports and pastimes; the qualifying 20-year period need not immediately precede the application, and the amended definition applies only to land not already a Green before 30 January 2001. The registration authority may register a lesser area than applied for if no injustice is caused, but has no power to amend the application itself. The 19th-century legislation applies to all Greens, and the relevance of public rights of way depends on the nature and context of the user.

Parties
Claimant: Oxfordshire County Council; First Defendant: Oxford City Council; Second Defendant: Catherine Mary Robinson
Jurisdiction
England and Wales
Judgment Date
22 January 2004
Procedural Posture
Judicial Determination (originating Summons for Guidance) / Judgment
Outcome
Declaratory judgment; guidance issued
Legal Topics
Commons Registration Act 1965, Town and Village Greens, Prescriptive Rights, Amendment of Applications, Effect of Registration, Retrospective Legislation
Property Law Administrative Law Statutory Interpretation Commons Registration Act 1965 Town and Village Greens Prescriptive Rights Amendment of Applications Effect of Registration +1 more

Case Brief

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Parties

Oxfordshire County Council

Claimant

Oxford City Council

First Defendant

Catherine Mary Robinson

Second Defendant

Procedural Posture

Judicial Determination (originating Summons for Guidance) / Judgment

Legal Issues

  1. 1 Whether registration of land as a class c Green confers rights to indulge in lawful sports and pastimes
  2. 2 Whether class c Greens fall within the scope of section 12 of the Inclosure Act 1857 and section 29 of the Commons Act 1876
  3. 3 Interpretation of 'continue to do so' in the amended definition of a Green

Ratio Decidendi

Registration of land as a class c Green under the Commons Registration Act 1965 confirms the existence of rights for local inhabitants to indulge in lawful sports and pastimes; the qualifying 20-year period need not immediately precede the application, and the amended definition applies only to land not already a Green before 30 January 2001. The registration authority may register a lesser area than applied for if no injustice is caused, but has no power to amend the application itself. The 19th-century legislation applies to all Greens, and the relevance of public rights of way depends on the nature and context of the user.

Court Disposition

Declaratory judgment; guidance issued

Orders

  • The registration authority is entitled to register the scrubland portion of the Trap Grounds as a Green if the qualifying user is established.
  • The registration authority may register a lesser area than applied for, provided no injustice is caused to interested parties.