Court guidance on registration of town and village greens (House of Lords)

Oxfordshire County Council v Oxford City Council 24 May 2006 (House of Lords).

The House of Lords has given a judgment that means that Oxford City Council is now free to register the Trap Grounds in Oxford as a class c town green. The decision is unlikely, however, to be the end of the saga. Even if the registration is made, there is likely to be litigation over whether Oxford City Council can legitimately use its statutory powers under the Local Government Act 1972 to sell the Trap Grounds free of the restrictions imposed by virtue of the registration as a green, so as to enable the land to be used for a housing development.

The decision is complex and their Lordships were far from reaching a unanimous decision on all the issues. The decision raises some interesting new questions over the definition of a green, the impact of human rights legislation and the timing of an application for registration where the landowner has tried to bar access to land by the public.

Author: PLC Property

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