The Law Reports (Chancery Division)
[2004] Ch 253
Chancery Division
Oxfordshire County Council v Oxford City Council and another
[2004] EWHC 12 (Ch)
2003 Nov 18,
19,
21;
Dec 9, 10;
2004 Jan 22
Dec 9, 10;
2004 Jan 22
Lightman J
Commons
— Town or village green
— Registration
— Land used by local inhabitants for sport and recreation for more than 20 years
— Whether land acquiring status of class c green regardless of registration
— Whether losing status of green if not registered by date specified in relevant legislation
— Whether class c green protected from nuisance under legislation applying to other classes of green
— Whether qualifying period to expire immediately prior to application
— Whether requirement for qualifying user to be continuing until date of application applying to land already having status of green but not registered as such
— Whether permissible for applicant to amend application or for registration authority to determine application on basis of different qualifying date or lesser area of land
— Whether inaccessible land registrable as green
— Effect of rights of way on registration of land as green
—
Commons Registration Act 1965 (c 64), ss. 1(2), 22(1) (as amended by Countryside and Rights of Way Act 2000 (c 37), s. 98)