VILLAGE GREEN APPLICATION IN HAMPSHIRE FAILS 

After a public inquiry, the Inspector (23 March 2011) has recommended the Commons Registration Authority (Hampshire CC) to reject the application, which was in respect of a site with planning permission for three houses, known as "The Triangle", Curdridge. The Inspector's Report (Mr Nigel Farthing) is of interest to practitioners for two reasons:

• Firstly, for its approach to "use by force" ("my task is not to consider the intention of the landowner but rather how the landowner's actions were perceived by the local community. In this respect I am greatly assisted by the evidence of the users": para 7.22).
• Secondly, for its recommendation not to allow a proposed amendment of the basis of application from s.15(2) of the Commons Act 2006 to s.15(4), which would have involved consideration of a different 20 year period ("It proposed a substantive change to the Application and I am not persuaded that power exists for it to be made. Furthermore, in my opinion if acceded to it would occasion significant unfairness to the objector": para 7.5).

The successful landowner/objector was represented by Charles George QC.