Laing Homes Ltd., R (on the application of) v Secretary of State for the Environment Food and Rural Affairs

Laing Homes Ltd., R (on the application of) v Secretary of State for the Environment Food and Rural Affairs

The registration of the three fields as a village green was unlawful because the evidence showed that for over half of the relevant 20-year period the land was used for agricultural purposes (haymaking), which is incompatible with the establishment of village green rights. Recreational use by local inhabitants was not of such a character, frequency, or extent as to indicate an assertion of a public right over the entirety of the land, especially when use of the perimeter footpaths is discounted. The conduct and representations of local inhabitants further indicated their acceptance of the landowner's agricultural use. The Inspector and Council erred in law in concluding otherwise.

Parties
Claimant: Laing Homes Limited; Defendant: Buckinghamshire County Council; Interested Party: The Secretary of State for the Environment Food and Rural Affairs
Jurisdiction
England and Wales
Judgment Date
08 July 2003
Procedural Posture
Judicial Review / Judgment
Outcome
Application allowed; decision to register quashed
Legal Topics
Village Green Registration, Commons Registration Act 1965, Prescriptive Rights, Human Rights Act 1998, Article 1 Protocol 1 ECHR
Property Law Administrative Law Human Rights Village Green Registration Commons Registration Act 1965 Prescriptive Rights Human Rights Act 1998 Article 1 Protocol 1 ECHR

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Parties

Laing Homes Limited

Claimant

Buckinghamshire County Council

Defendant

The Secretary of State for the Environment Food and Rural Affairs

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the registration of land as a village green under the Commons Registration Act 1965 was lawful given the agricultural use of the land during the relevant period
  2. 2 Whether recreational use by local inhabitants was sufficient in character, frequency, and extent to meet the statutory requirements
  3. 3 Whether the representations and conduct of local inhabitants negated 'as of right' use

Ratio Decidendi

The registration of the three fields as a village green was unlawful because the evidence showed that for over half of the relevant 20-year period the land was used for agricultural purposes (haymaking), which is incompatible with the establishment of village green rights. Recreational use by local inhabitants was not of such a character, frequency, or extent as to indicate an assertion of a public right over the entirety of the land, especially when use of the perimeter footpaths is discounted. The conduct and representations of local inhabitants further indicated their acceptance of the landowner's agricultural use. The Inspector and Council erred in law in concluding otherwise.

Court Disposition

Application allowed; decision to register quashed

Orders

  • The Regulatory Committee’s resolution dated 8 April 2002 to register the three fields as a village green is quashed.
  • No declaration of incompatibility under the Human Rights Act 1998 is made.