The Church Commissioners for England v Hampshire County Council & Anor

The Church Commissioners for England v Hampshire County Council & Anor

A corrected application for registration of land as a town or village green under section 15(4) of the Commons Act 2006 can have retrospective effect, provided the landowner is notified and no unfairness results. Procedural defects do not invalidate the application if corrected and the landowner is aware and does not object to the delay.

Parties
Claimant: The Church Commissioners for England; Defendant: Hampshire County Council; Interested Party: Barbara Guthrie
Jurisdiction
England and Wales
Judgment Date
10 July 2013
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Commons Act 2006, Town or Village Green Registration, Procedural Compliance, Limitation Periods
Land Law Administrative Law Commons Act 2006 Town or Village Green Registration Procedural Compliance Limitation Periods

Case Brief

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Parties

The Church Commissioners for England

Claimant

Hampshire County Council

Defendant

Barbara Guthrie

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether a corrected application for registration of land as a town or village green under section 15(4) of the Commons Act 2006 can have retrospective effect if not duly made within the limitation period
  2. 2 Whether the application was made within the statutory five-year limitation period
  3. 3 Whether procedural defects in the application invalidate it if corrected after the limitation period

Ratio Decidendi

A corrected application for registration of land as a town or village green under section 15(4) of the Commons Act 2006 can have retrospective effect, provided the landowner is notified and no unfairness results. Procedural defects do not invalidate the application if corrected and the landowner is aware and does not object to the delay.

Court Disposition

Claim dismissed