Cotham School v Bristol City Council & Anor

Cotham School v Bristol City Council & Anor

Registration of the land as a town or village green was precluded by statutory incompatibility with education purposes for which the land was held; alternatively, use by local inhabitants was not 'as of right' due to prohibitory signs and protests, and was interrupted by organised sports; it is just to rectify the register by deleting the entry.

Parties
Claimant: Cotham School; First Defendant: Bristol City Council; Second Defendant: Katharine Welham
Jurisdiction
England and Wales
Judgment Date
06 October 2025
Procedural Posture
Part 8 Claim Under Section 14 of the Commons Registration Act 1965 / Final Judgment After Trial
Outcome
Claim allowed; registration of land as town or village green set aside.
Legal Topics
Town and Village Green Registration, Statutory Incompatibility, User as of Right, Leasehold Interests, Commons Registration, Safeguarding Duties, Rectification of Register
Property Law Administrative Law Education Law Town and Village Green Registration Statutory Incompatibility User as of Right Leasehold Interests Commons Registration +2 more

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Parties

Cotham School

Claimant

Bristol City Council

First Defendant

Katharine Welham

Second Defendant

Procedural Posture

Part 8 Claim Under Section 14 of the Commons Registration Act 1965 / Final Judgment After Trial

Legal Issues

  1. 1 Whether registration of Stoke Lodge playing fields as a town or village green was precluded by statutory incompatibility
  2. 2 Whether user by local inhabitants was 'as of right' during the relevant period
  3. 3 Whether signs and other protests rendered use contentious

Ratio Decidendi

Registration of the land as a town or village green was precluded by statutory incompatibility with education purposes for which the land was held; alternatively, use by local inhabitants was not 'as of right' due to prohibitory signs and protests, and was interrupted by organised sports; it is just to rectify the register by deleting the entry.

Court Disposition

Claim allowed; registration of land as town or village green set aside.

Orders

  • Register of town or village greens to be rectified by deleting the entry relating to Stoke Lodge playing fields, including the Arboretum.