Mann, R (on the application of) v Somerset County Council [2012] EWHC B14 (Admin) (11 May 2012)

Mann, R (on the application of) v Somerset County Council [2012] EWHC B14 (Admin) (11 May 2012)

The inspector was entitled to conclude that the landowner's conduct in excluding the public from part of the land on certain occasions (for beer festivals and funfairs) amounted to an overt act asserting the owner's right to exclude, thereby making it clear that public use at other times was by permission. This was sufficient to defeat the claim that use was 'as of right' under section 15(2) of the Commons Act 2006. The inspector did not misdirect himself in law, and the decision to refuse registration was lawful.

Citation
[2012] EWHC B14 (Admin)
Parties
Claimant: Alan David Mann; Defendant: Somerset County Council; Interested Party: Punch Taverns Property Ltd
Jurisdiction
England and Wales
Judgment Date
11 May 2012
Procedural Posture
Judicial Review / Final Judgment on Substantive Application
Outcome
Claim dismissed
Legal Topics
Commons Act 2006, Town or Village Green Registration, Implied Licence, Use 'as of Right', Judicial Review of Local Authority Decision
Administrative Law Property Law Commons Act 2006 Town or Village Green Registration Implied Licence Use 'as of Right' Judicial Review of Local Authority Decision

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Alan David Mann

Claimant

Somerset County Council

Defendant

Punch Taverns Property Ltd

Interested Party

Procedural Posture

Judicial Review / Final Judgment on Substantive Application

Legal Issues

  1. 1 Whether the use of Pen Mill Field by local inhabitants was 'as of right' or by implied permission under section 15(2) Commons Act 2006
  2. 2 Whether the landowner's conduct (occasional exclusion for beer festivals/funfairs) amounted to an implied licence to use the land
  3. 3 Whether the locality/neighbourhood requirement under the Act was satisfied

Ratio Decidendi

The inspector was entitled to conclude that the landowner's conduct in excluding the public from part of the land on certain occasions (for beer festivals and funfairs) amounted to an overt act asserting the owner's right to exclude, thereby making it clear that public use at other times was by permission. This was sufficient to defeat the claim that use was 'as of right' under section 15(2) of the Commons Act 2006. The inspector did not misdirect himself in law, and the decision to refuse registration was lawful.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review refused
  • No order for registration of Pen Mill Field as a town or village green