- Court clarifies usage test for TVG (Allaway v Oxfordshire CC)
- Original news
- What is the significance of the decision for authorities and developers?
- What is the statutory background to the case?
- What was the factual background to the case?
- What were the grounds of challenge?
- Why did the court dismiss the appeal?
- The inspector's treatment of the use of perimeter paths
- Use by significant numbers of those in the locality
Planning analysis: In Allaway v Oxfordshire County Council, the High Court dismissed a challenge to an inspector’s decision upholding a town and village green (TVG) designation. The decision confirms that a significant number of inhabitants of any locality does not mean that there has to be 'a spread of use' from across the wider area; usage can be assessed on the basis of use made by residents from a smaller area close to the site.
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