Village Greens, Public Procurement & Freedom of Information

March 28th, 2012 by James Goudie KC

Village Green

In Newhaven Port and Properties Ltd v East Sussex County Council [2012] EWHC 647 (Admin) the claimant company and port authority applied for judicial review of the Council’s decision to register a tidal beach as a “town or village green” under s15 of the Commons Act 2006.  The beach formed part of the operational land of the port.  Ouseley J held that a tidal beach can be so registered, provided, however, that the nature, quality and duration of the recreational user satisfies the statutory test.

However, this beach could not be so registered, because that would conflict with its statutory function as operational port land.

Public Procurement

The Procurement Lawyers Association has issued a Working Group Paper on Framework Agreements, available on its website.

Freedom of Information

In Bailey v ICo and Nottingham County Council, EA/2011/0271, Decision on 27 March 2012, on the absolute exemption for personal data in FoIA s40, the FTT upheld non-disclosure about internal audit investigations and potential disciplinary proceedings involving employees in the Council’s Building Cleaning Service, on the basis that disclosure would be unfair and would breach the first data protection principle.  The FTT reiterated (para 18) what had been said in Waugh v ICo and Doncaster College, EA/2008/0038, that (para 40) there is a recognized high expectation that the internal disciplinary matters of an individual (even a senior member of staff) will be private and that the majority of the information will not be available to the public.

See also on Bolton v ICo and East Riding Yorkshire Council, EA/2011/0216, FTT Decision on 26 March 2011, on s40 and the remuneration and appointment of a Chief Executive, forthcoming blog by Anya Proops on

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