Betterment Properties (Weymouth) Ltd v Dorset County Council

Parties

Procedural Posture

Civil / Preliminary Issues Determination

Legal Issues

1. 1 Whether the jurisdiction conferred by section 14(b) of the Commons Registration Act 1965 is by way of rehearing, appellate or on some other basis
2. 2 Whether an application to register land as a Town or Village Green made before 30 January 2001 but not determined before that date should be determined by reference to the definition as it existed before or after amendment by the Countryside and Rights of Way Act 2000

Ratio Decidendi

Section 14 of the Commons Registration Act 1965 confers a broad jurisdiction on the court to determine whether no amendment or a different amendment ought to have been made, and the court is not limited to the evidence or issues before the registration authority. 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, 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 of the Commons Registration Act 1965 imposes no fetter on evidence or arguments for rectification; procedure is at the judge's discretion.
• The 1997 Application should be determined by reference to the unamended definition of 'town or village green'.