NEW VILLAGE GREEN  NEAR LANCASTER RECOMMENDED FOR REJECTION

The Inspector (Miss Ruth Stockley), in her Report of 1 February 2010, has recommended Lancashire County Council (the Commons Registration Authority) to reject an application to register agricultural land at Lawson's Bridge, Scotforth, Lancaster (part of which is the proposed site of a major new retail store) as a village green. 

The Report is primarily of interest to practitioners for:

(a) its approach to "discounting" in deciding whether the land had been used to a sufficient extent and continuity to have created a village green (including its treatment of "vi" in respect of climbing through or over wire fences and over gates); and

(b) its approach to neighbourhood, including distribution of users throughout the neighbourhood.

At the Public Inquiry the Objectors were represented by Charles George QC, jointly instructed by Walker Morris and Lancaster City Council.