R v North Yorkshire County Council and another

R v North Yorkshire County Council and another

Where land is provided and maintained by a local authority under statutory powers for public recreation, use of that land by the public is 'by right' and not 'as of right' for the purposes of section 15 of the Commons Act 2006. Therefore, such use cannot found a claim to register the land as a town or village green. The reasoning in Beresford on this point is disapproved.

Parties
Appellant: Christine Barkas; 1st Respondent: North Yorkshire County Council; 2nd Respondent: Scarborough Borough Council
Jurisdiction
England and Wales
Judgment Date
21 May 2014
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Commons Act 2006 Section 15, Meaning of 'as of Right', Village Green Registration, Statutory Rights Versus Prescriptive Rights
Land Law Administrative Law Statutory Interpretation Commons Act 2006 Section 15 Meaning of 'as of Right' Village Green Registration Statutory Rights Versus Prescriptive Rights

Case Brief

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Parties

Christine Barkas

Appellant

North Yorkshire County Council

1st Respondent

Scarborough Borough Council

2nd Respondent

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether use of land provided and maintained by a local authority under statutory power is 'as of right' for purposes of village green registration under section 15 of the Commons Act 2006
  2. 2 Whether the reasoning in R (Beresford) v Sunderland City Council should be followed, distinguished, or disapproved

Ratio Decidendi

Where land is provided and maintained by a local authority under statutory powers for public recreation, use of that land by the public is 'by right' and not 'as of right' for the purposes of section 15 of the Commons Act 2006. Therefore, such use cannot found a claim to register the land as a town or village green. The reasoning in Beresford on this point is disapproved.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.