The Supreme
Court has ruled* that a beach within Newhaven Harbour, East Sussex should not
be registered as a Town or Village Green (TVG).
The grounds
for the Supreme Court’s ruling are that:
·
The
public has implied permission to use the beach under the harbour byelaws.
·
Registration
as a TVG under the Commons Act 2006 is incompatible with the port authority’s
statutory powers and duties.
Further
detail is in this press release and a link to the full judgment is at
the foot of this post.
In England
and Wales, the 2006 Commons Act allows land used by the public for recreational
purposes over a period of at least 20 years “as of right” to be registered as a
TVG, restricting further development.
However, and
what may seem confusing, “as of right” is treated differently from “by right”.
For land to
be used “as of right” rather than “by right” the right must have come through
use by the local community and not by way of specific permission from the
landowner.
The Supreme
Court reached its decision on the basis that recreational use of the beach by
members of the public was “by right” because it was done pursuant to local bye
laws, even if individuals may not have been aware of them, rather than “as of
right”, which would have given grounds for a claim for TVG registration.
It didn’t
matter that the bye-laws hadn’t been drawn to the attention of members of the
public by notices or display boards at the beach.
NPP now
intends to develop the operational port adjacent to the beach.
Over recent
years, case law has tended to make it easier for land to be registered as a
TVG.
This latest
decision takes things in the other direction.
It’s a major
blow to campaigners seeking to preserve the beach for use by local inhabitants
and to protect it from development.
The
photo illustrating this post is not of Newhaven!
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