Town and Village Greens (TVGs)

February 26th, 2015 by James Goudie KC

The Supreme Court has unanimously allowed the appeal in R (Newhaven Port and Properties Ltd) v East Sussex County Council (2015) UKSC 7, concerned with the registration of Newhaven West Beach as a TVG.  The Supreme Court held that it could not be so registered.  This was for two reasons.  The first was that the recreational use of the Beach by inhabitants was “by right”, and not “as of right”.  There was an implied licence from the Harbour Byelaws. The second was that such recreation was incompatible with the Port Authority’s statutory functions.

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