T W Logistics Ltd v Essex County Council and another

T W Logistics Ltd v Essex County Council and another

Registration of land as a TVG does not criminalise the continuation of the landowner's pre-existing commercial activities under the Victorian statutes or other legislation, provided those activities are consistent with the principle of 'give and take' and do not interfere unduly with the public's recreational rights. The rights of both the public and the landowner are concurrent and must be exercised reasonably. The recreational use by local inhabitants was sufficient to qualify the land for registration as a TVG.

Parties
Appellant: T W Logistics Ltd; First Respondent: Essex County Council; Second Respondent: Ian James Tucker
Jurisdiction
England and Wales
Judgment Date
12 February 2021
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Commons Act 2006, Town or Village Green Registration, Statutory Interpretation, Public Nuisance, Concurrent Land Use
Property Law Administrative Law Criminal Law Commons Act 2006 Town or Village Green Registration Statutory Interpretation Public Nuisance Concurrent Land Use

Case Brief

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Parties

T W Logistics Ltd

Appellant

Essex County Council

First Respondent

Ian James Tucker

Second Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Does registration of land as a town or village green (TVG) under the Commons Act 2006 criminalise the landowner's pre-existing commercial activities under Victorian statutes?
  2. 2 What are the respective rights of the public and the landowner following registration as a TVG?
  3. 3 Does the quality of recreational use by local inhabitants qualify the land for registration as a TVG?

Ratio Decidendi

Registration of land as a TVG does not criminalise the continuation of the landowner's pre-existing commercial activities under the Victorian statutes or other legislation, provided those activities are consistent with the principle of 'give and take' and do not interfere unduly with the public's recreational rights. The rights of both the public and the landowner are concurrent and must be exercised reasonably. The recreational use by local inhabitants was sufficient to qualify the land for registration as a TVG.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.