R (on the application of Lancashire County Council) v Secretary of State for the Environment, Food and Rural Affairs and another

R (on the application of Lancashire County Council) v Secretary of State for the Environment, Food and Rural Affairs and another

Where land is held by a public authority for statutory purposes that are incompatible with registration as a town or village green under section 15 of the Commons Act 2006, the Act does not apply and registration must be refused. The test is whether the land is held for statutory purposes incompatible with such registration, not whether it is currently or foreseeably used for those purposes. This principle applies to land held under general statutory powers, not just land subject to specific statutory regimes.

Parties
Appellant (1): Lancashire County Council; Respondent (1): Secretary of State for the Environment, Food and Rural Affairs; Respondent (2): Janine Bebbington; Appellant (2): NHS Property Services Ltd; Respondent (1): Surrey County Council Legal Services; Respondent (2): Dr Ashley Bowes
Jurisdiction
England and Wales
Judgment Date
11 December 2019
Procedural Posture
Appeal (joined Cases) / Supreme Court Judgment
Outcome
Appeals allowed (majority); registration of land as town or village green refused in both cases.
Legal Topics
Village Green Registration, Statutory Incompatibility, Public Authority Land Use, Commons Act 2006, Education Act, National Health Service Act
Administrative Law Land Law Statutory Interpretation Village Green Registration Statutory Incompatibility Public Authority Land Use Commons Act 2006 Education Act +1 more

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Parties

Lancashire County Council

Appellant (1)

Secretary of State for the Environment, Food and Rural Affairs

Respondent (1)

Janine Bebbington

Respondent (2)

NHS Property Services Ltd

Appellant (2)

Surrey County Council Legal Services

Respondent (1)

Dr Ashley Bowes

Respondent (2)

Procedural Posture

Appeal (joined Cases) / Supreme Court Judgment

Legal Issues

  1. 1 Whether land held by public authorities for statutory purposes can be registered as a town or village green under section 15 of the Commons Act 2006 when such registration would be incompatible with those statutory purposes.
  2. 2 Whether the principle of statutory incompatibility as set out in R (Newhaven Port & Properties Ltd) v East Sussex County Council applies to land held under general statutory powers, not just land subject to specific statutory regimes.

Ratio Decidendi

Where land is held by a public authority for statutory purposes that are incompatible with registration as a town or village green under section 15 of the Commons Act 2006, the Act does not apply and registration must be refused. The test is whether the land is held for statutory purposes incompatible with such registration, not whether it is currently or foreseeably used for those purposes. This principle applies to land held under general statutory powers, not just land subject to specific statutory regimes.

Court Disposition

Appeals allowed (majority); registration of land as town or village green refused in both cases.

Orders

  • Appeals allowed in both Lancashire and Surrey cases.
  • Registration of the respective lands as town or village greens set aside.