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Oxfordshire County Council v (1) Oxford City Council (2) Catherine Mary Robinson

In order to satisfy the definition of a ‘town or village green’ for the purposes of s 22(1A) of the Commons Registration Act 1965, the inhabitants of the locality must ‘continue’ to use the land for sports and pastimes for a period of 20 years until the date of the application for registration under the 1965 Act.

2 June 2006

The appellant (R) appealed against a decision ([2005] EWCA Civ 175; [2006] Ch 43)) giving guidance on issues arising from her application under the Commons Registration Act 1965 for registration of land owned by the local authority as a town or village green. R had applied for registration of the land as a “class c” green within s 22(1A) of the 1965 Act on the basis that local residents had used the land for lawful pastimes as of right for an unbroken period of 20 years and continued to do so. A non-statutory inquiry confirmed that such use had been made of the land and made a recommendation to the local authority to register the land as a village green. The local authority objected to R's application and sought the directions of the court. The issues for determination were: (i) the meaning of the words “continue to do so” in s 22(1A) and whether the lawful sports and pastimes had to continue up to the date of the application to register or beyond; (ii) the effect of registr...

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