Leeds Group Plc v Leeds City Council

Leeds Group Plc v Leeds City Council

Section 22(1A) of the Commons Registration Act 1965, as amended, permits registration of land as a town or village green based on user by inhabitants of more than one neighbourhood within a locality; the singular 'neighbourhood' includes the plural unless a contrary intention appears, and Parliament intended to facilitate registration by local communities.

Parties
Appellant: Leeds Group PLC; Respondent: Leeds City Council
Jurisdiction
England and Wales
Judgment Date
20 December 2010
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Commons Registration, Town or Village Greens, Statutory Interpretation, Judicial Review
Property Law Administrative Law Commons Registration Town or Village Greens Statutory Interpretation Judicial Review

Case Brief

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Parties

Leeds Group PLC

Appellant

Leeds City Council

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether 'neighbourhood' in section 22(1A) of the Commons Registration Act 1965 includes the plural 'neighbourhoods'
  2. 2 Whether the quality of user prior to 30 January 2001 was sufficient to establish a right to register land as a town or village green

Ratio Decidendi

Section 22(1A) of the Commons Registration Act 1965, as amended, permits registration of land as a town or village green based on user by inhabitants of more than one neighbourhood within a locality; the singular 'neighbourhood' includes the plural unless a contrary intention appears, and Parliament intended to facilitate registration by local communities.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay Respondent's costs of both claims
  • Permission granted to amend grounds of appeal on new point, to be heard separately