Cheltenham Builders Ltd., R (on the application of) v South Gloucestershire Distrcict Council

Cheltenham Builders Ltd., R (on the application of) v South Gloucestershire Distrcict Council

The decision to register the site as a village green was unlawful because the evidence did not establish use of the whole site for lawful sports and pastimes for 20 years, the area described was not a 'locality' as required by law, and the procedure adopted was unfair as no oral hearing was held to resolve factual disputes. The court has power to quash the registration under both judicial review and section 14.

Parties
Claimant: Cheltenham Builders Limited; Defendant: South Gloucestershire District Council
Jurisdiction
England and Wales
Judgment Date
10 November 2003
Procedural Posture
Judicial Review and Section 14 Application / Judgment After Trial of Preliminary Issues
Outcome
Claimant succeeds; registration decision quashed; relief to be determined after further submissions or agreement between parties.
Legal Topics
Village Greens, Commons Registration, Judicial Review, Statutory Interpretation, Procedural Fairness
Administrative Law Property Law Village Greens Commons Registration Judicial Review Statutory Interpretation Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Cheltenham Builders Limited

Claimant

South Gloucestershire District Council

Defendant

Procedural Posture

Judicial Review and Section 14 Application / Judgment After Trial of Preliminary Issues

Legal Issues

  1. 1 Whether the decision to register the site as a village green was lawful under the Commons Registration Act 1965 and subsequent amendments
  2. 2 Whether the area described constituted a 'locality' or 'neighbourhood' under the Act
  3. 3 Whether the use of the land was 'as of right' for the requisite period

Ratio Decidendi

The decision to register the site as a village green was unlawful because the evidence did not establish use of the whole site for lawful sports and pastimes for 20 years, the area described was not a 'locality' as required by law, and the procedure adopted was unfair as no oral hearing was held to resolve factual disputes. The court has power to quash the registration under both judicial review and section 14.

Court Disposition

Claimant succeeds; registration decision quashed; relief to be determined after further submissions or agreement between parties.