Property key future developments tracker—2019 archive
Property key future developments tracker—2019 archive

The following Property practice note provides comprehensive and up to date legal information covering:

  • Property key future developments tracker—2019 archive
  • Appeal cases
  • Legislation
  • Bills
  • Consultations and papers
  • Guidance

Appeal cases

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Town and village greens — registration and statutory incompatibility
R (on the application of Lancashire County Council) v Secretary of State for the Environment, Food and Rural Affairs and another; R (on the application of NHS Property Services Ltd) v Surrey County Council and another, [2019] UKSC 58
The Supreme Court handed down judgment on Wednesday 11 December 2019.The Supreme Court allowed two linked appeals against the Court of Appeal’s ruling against registration of land as a town and village green (TVG). It confirms that land which is acquired and held by a local authority in exercise of general statutory powers which are incompatible with use of that land as a TVG cannot be registered as such
The central issue in both appeals was the interpretation and application of the principle of statutory incompatibility, based on the Supreme Court decision inR (Newhaven Port & Properties Ltd) v East Sussex County Council [2015] UKSC 7. It was ‘clearly implicit’ in the Supreme Court’s commentary in Newhaven that the Justices considered that ‘land which was acquired and held by a local authority in exercise of general statutory powers which were incompatible with use of that land as a town or village green could not be registered as such’. On a true reading of the majority judgment

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