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VILLAGE GREEN

April 3rd, 2023 by James Goudie KC

R (STRACK) v SOS (2023) EWHC 655 (Admin) concerned an application for de-registration of a village green under the Commons Act 2006 and the scope of “neighbourhood” for the purposes of de-registration. Section 16(1) sets out the factors to be considered on such an application. One of those factors is “the interests of the neighbourhood”. The Court holds that the use of that word in Section 16 is different from its use in Section 15. A neighbourhood for the purpose of the former is broader than a “neighbourhood” within a locality for the purposes of the latter. When considering a de-registration application, “neighbourhood” is to be taken as referring to “local inhabitants”, without recourse to the history of the original registration.

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