Betterment Properties (Weymouth) Ltd v Dorset County Council [2007] EWHC 365 (Ch) (02 March 2007)

Betterment Properties (Weymouth) Ltd v Dorset County Council [2007] EWHC 365 (Ch) (02 March 2007)

Section 14 of the Commons Registration Act 1965 gives the court a broad discretion to admit evidence and arguments beyond those before the registration authority; it is not an appellate or rehearing jurisdiction. Applications to register land as a town or village green made before 30 January 2001 must be determined by reference to the definition in force at the date of application (the Unamended Definition), not the amended definition introduced by the Countryside and Rights of Way Act 2000.

Citation
[2007] EWHC 365 (Ch)
Parties
Claimant: Betterment Properties (Weymouth) Limited; Defendant: Dorset County Council
Jurisdiction
England and Wales
Judgment Date
02 March 2007
Procedural Posture
Chancery Division Civil Claim (rectification of Register) / Determination of Two Preliminary Issues of Law
Outcome
Preliminary issues determined in favour of the Claimant.
Legal Topics
Commons Registration, Rectification of Register, Retrospective Legislation, Town and Village Greens, Judicial Vs Administrative Decision Making
Property Law Administrative Law Statutory Interpretation Commons Registration Rectification of Register Retrospective Legislation Town and Village Greens Judicial Vs Administrative Decision Making

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Parties

Betterment Properties (Weymouth) Limited

Claimant

Dorset County Council

Defendant

Procedural Posture

Chancery Division Civil Claim (rectification of Register) / Determination of Two Preliminary Issues of Law

Legal Issues

  1. 1 Whether the jurisdiction under section 14(b) of the Commons Registration Act 1965 is by way of rehearing, appellate, or otherwise
  2. 2 Whether applications to register land as a Town or Village Green made before 30 January 2001 but not determined before that date should be determined by the pre- or post-amendment definition

Ratio Decidendi

Section 14 of the Commons Registration Act 1965 gives the court a broad discretion to admit evidence and arguments beyond those before the registration authority; it is not an appellate or rehearing jurisdiction. Applications to register land as a town or village green made before 30 January 2001 must be determined by reference to the definition in force at the date of application (the Unamended Definition), not the amended definition introduced by the Countryside and Rights of Way Act 2000.

Court Disposition

Preliminary issues determined in favour of the Claimant.

Orders

  • Section 14 jurisdiction is not appellate or rehearing; court has discretion on evidence and procedure.
  • 1997 Application to register land as a town or village green to be determined by the Unamended Definition.