- Supreme Court finds TVG registration of working port valid—registration did not criminalise ongoing port operations (TW Logistics v Essex CC)
- What are the practical implications of this case?
- What is the background?
- Legal background
- Factual background
- What did the court decide?
- Were TWL’s commercial activities criminalised after registration?
- Should land be registered as a TVG if that would criminalise the landowner’s existing commercial activities
- Was the local inhabitants’ use of the Land ‘as of right’?
- Case details
Planning analysis: In TW Logistics v Essex CC, the Supreme Court held that the registration of part of a working port as a town and village green (TVG) had been carried out lawfully. Existing port operations could lawfully coexist with the rights of the public to use the land for any lawful sport or pastimes, and therefore registration of the TVG did not result in the ongoing port operations constituting an offence of public nuisance.
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