Legal News

Court clarifies usage test for TVG (Allaway v Oxfordshire CC)

Court clarifies usage test for TVG (Allaway v Oxfordshire CC)
Published on: 31 October 2016
Published by: LexisPSL
  • 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

Article summary

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. or take a trial to read the full analysis.

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