TWO NEW IMPORTANT VILLAGE GREEN DECISIONS

In recent weeks two important new village green reports have been published.

The first concerned an application to register land at Rydens Way, Woking. The Inspector recommended that the application be rejected. In the report, which considered the extensive evidence and the wide range of issues raised during a lengthy inquiry, the Inspector reached a conclusion on the difficult question whether land which is subject to public highway rights can be registered as a green. The Inspector considered several decisions on Commons Commissioners and academic papers and concluded, in accordance with the objector's case, that land which was already a highway may not be registered as a town or village green.

The second report concerned an application to register land at Oulton, Suffolk. The Inspector considered in detail the guidance given by Lightman J. in the Trap Grounds case as to whether use of land in a way consistent with a right of wa ywas a sport or pastimes. The report contains interesting observations on how this guidance fails to be applied. It also contains some interesting guidance on the approach to identifying a neighbourhood. The Inspector recommended rejection of the application in accordance with the objector's case.

Douglas Edwards acted for the objectors in both cases. In the Ryden Way case, he was instructed by Will Slater of Laytons. In the Oulton case, he was instructed by Trevor Ivory of Eversheds.