Barkas v North Yorkshire County Council

Barkas v North Yorkshire County Council

Where a local authority provides and maintains land as a recreation ground under statutory powers, the public's use of that land for lawful sports and pastimes is 'by right' and not 'as of right'. Therefore, such land cannot be registered as a town or village green under section 15 of the Commons Act 2006.

Parties
Appellant: Barkas; Respondent: North Yorkshire County Council; Interested Party: Scarborough Borough Council
Jurisdiction
England and Wales
Judgment Date
23 October 2012
Procedural Posture
Civil Appeal / Appeal From Administrative Court (judicial Review)
Outcome
Appeal dismissed
Legal Topics
Commons Act 2006 Section 15, Town or Village Green Registration, Statutory Powers of Local Authorities, Distinction Between 'as of Right' and 'by Right' Use, Appropriation of Land for Public Recreation
Land Law Administrative Law Local Government Law Commons Act 2006 Section 15 Town or Village Green Registration Statutory Powers of Local Authorities Distinction Between 'as of Right' and 'by Right' Use Appropriation of Land for Public Recreation

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Parties

Barkas

Appellant

North Yorkshire County Council

Respondent

Scarborough Borough Council

Interested Party

Procedural Posture

Civil Appeal / Appeal From Administrative Court (judicial Review)

Legal Issues

  1. 1 Whether use of a recreation ground provided by a local authority under statutory powers is 'by right' or 'as of right' for the purposes of registration as a town or village green under section 15 of the Commons Act 2006.

Ratio Decidendi

Where a local authority provides and maintains land as a recreation ground under statutory powers, the public's use of that land for lawful sports and pastimes is 'by right' and not 'as of right'. Therefore, such land cannot be registered as a town or village green under section 15 of the Commons Act 2006.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.