'Beach' Is Not A 'Village Green'

The Supreme Court has held that West Beach in Newhaven Harbour cannot be registered as a 'village green'. The decision overturns the decision of the Court of Appeal, reported in a previous edition of this newsletter.

The Court held that the requirement that a port authority exercise its statutory functions over its land is inconsistent with the registration of that land as a village green under the Commons Act 2006. The public could not therefore have enjoyed the beach 'as of right' for 20 years or more in the circumstances enabling it to be registered as a village green.

"This unusual case throws up a number of issues for groups wishing to register village greens" says partner and head of commercial law, Gillian Jones. "Equally, developers and bodies exercising statutory powers should take careful note of the judgement although it is likely to turn on its specific facts."

For more information about village greens and related rights over land contact Gillian Jones.



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