VILLAGE GREEN CHALLENGE TO PERSIMMON HOUSING SITE FAILS

Following a 9 day public inquiry, the Inspector (Mr Alan Evans) has recommended rejection by the Registration Authority, York City Council, of an application to register a new village green land at Germany Beck, Fulford consisting of a field and former allotments and forming the proposed access to a 700 dwelling development permitted following call-in by the Secretary of State in 2007.

The 107-page report (22 February 2009) contains a useful analysis and application of the law relating to continuity of use and conflicting uses in the light of the recent Court of Appeal decision in R (Lewis) v Redcar and Cleveland Borough Council [2009] EWCA Civ 3), and also in relation to the situation where the claimed use involves use of a registered public footpath and (elsewhere) took the form of walking on unregistered paths. The Report also addresses the question whether the users of the claimed village green must have come predominantly from the claimed neighbourhood. The successful objectors were represented at the public inquiry by Charles George QC, instructed by Walker Morris.