St John's College, Cambridge, R (On the Application Of) v Cambridgeshire County Council [2017] EWHC 1753 (Admin) (12 July 2017)

St John's College, Cambridge, R (On the Application Of) v Cambridgeshire County Council [2017] EWHC 1753 (Admin) (12 July 2017)

Regulation 5(4) does not restrict the registration authority to a single opportunity for an applicant to remedy defects in an application. The authority may allow further opportunities as necessary, provided reasonable time limits are set. The claimant's application was duly made once defects were remedied, and the...

Source-derived case information.

Citation
[2017] EWHC 1753 (Admin)
Parties
Claimant: The Master Fellows and Scholars of College of Saint John the Evangelist in the University of Cambridge; Defendant: Cambridgeshire County Council; Interested Party: David Rhys Hughes Davies
Jurisdiction
England and Wales
Judgment Date
12 July 2017
Procedural Posture
Judicial Review / Permission and Substantive Hearing (rolled Up)
Outcome
Application for judicial review dismissed
Legal Topics
Commons Registration, Town or Village Green Applications, Procedural Requirements Under Commons Act 2006, Interpretation of Regulation 5(4) of the 2007 Regulations
Administrative Law Planning Law Property Law Commons Registration Town or Village Green Applications Procedural Requirements Under Commons Act 2006 Interpretation of Regulation 5(4) of the 2007 Regulations

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Parties

The Master Fellows and Scholars of College of Saint John the Evangelist in the University of Cambridge

Claimant

Cambridgeshire County Council

Defendant

David Rhys Hughes Davies

Interested Party

Procedural Posture

Judicial Review / Permission and Substantive Hearing (rolled Up)

Legal Issues

  1. 1 Whether regulation 5(4) of the Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007 allows only one opportunity to correct a defective application
  2. 2 Whether the Council acted lawfully in allowing multiple opportunities to remedy defects in the application
  3. 3 Whether the application was duly made under the Commons Act 2006

Ratio Decidendi

Regulation 5(4) does not restrict the registration authority to a single opportunity for an applicant to remedy defects in an application. The authority may allow further opportunities as necessary, provided reasonable time limits are set. The claimant's application was duly made once defects were remedied, and the Council acted lawfully in its decisions.

Court Disposition

Application for judicial review dismissed

Orders

  • Permission to apply for judicial review granted
  • Application for judicial review dismissed