Town or village green – Commons Act 2006, s.15 – “Locality” and “neighbourhood” – Geographical spread of users across area – Compatibility of registration with statutory purposes – Use with permission of landowner

Commons Act 2006, s.15 – Town or village green – Land held for statutory purposes – Whether use for recreational purposes compatible – Failure by Council to consider incompatibility – Application of Senior Courts Act 1981, s.31(2A)

Town and Village Greens – Commons Act 2006, s.15 – Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007 (SI2007/457), reg.6 – Whether conduct of the registration authority was in breach of natural justice – Whether procedure of independent expert was in error – Whether outcome for applicant would have been substantially different but for that error

Commons Registration Act 1965 – Effect of expiry of registration period on unregistered rights of common – Subsequent acquisition of rights by prescription – Whether possible – Whether capable of registration under Commons Act 2006 – European Convention on Human Rights, First Protocol, Article 1 – Whether applicable

EIA Directive – Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 – Environmental development – Retrospective consent – Positive screening decision – Whether authority obliged to enforce breach prior to consideration of application

Site of Special Scientific Interest – Designation – Meaning of ‘conservation’ – Birds Directive – Habitats Directive – Requirement to consider effect on designated sites of adjacent plan or project

Reference for a preliminary ruling — Directive 92/43/EEC — Article 6(2) to (4) — Site
included in the list of sites of Community importance after a project was authorised but
before it began to be carried out — Review of the project after the site was included in that
list — Rules governing that review — Consequences of the completion of the project for the
choice of alternatives

Forestry – Forestry Act 1967 Part 2 -Unauthorised felling – Re-stocking – Exemption where land to be developed – Planning permission – Public interest – Residential development – Restocking notices – Unauthorised felling

Forestry – Unauthorised felling – Re-stocking – Abuse of power – Felling licences – Forestry Commissioners – Proportionality – Reasonableness – Remedies – Restocking notices – Trees

Town and Country Planning Act 1990, Chapter I, Part VIII – Tree Preservation Orders and Tree Replacement Notices – Woodland circumstances – Calculation of number of trees affected – Meaning of ‘tree’

Town and Country Planning (Environmental Impact Assessment) (England) Regulations 2011 – Screening opinion – Adequacy of reasons – Need for the screening opinion to be read in the context of surrounding circumstances

Protection of Badgers Act 1992, s.10 – Power to license measures against ‘transmission’ of disease as opposed to ‘spread’ – Impact and costs assessment of trial cull – Power to issue guidance to Natural England
[2012] EWCA 1286
On appeal from [2012] EWHC 1904 (Admin)

Planning – Environmental Impact Assessment – Flood risk – Need for reconsideration in light of revised flood map

Animal Health Act 1981, s.21 – Requirements for the making of an order for destruction of wild animals – Meaning of ‘substantial’ – Need for balancing of benefits with harm – Whether an Order may be made over a wider area than that in respect of which consultation and evidence is considered

Site of Special Scientific Interest – Designation – Meaning of ‘conservation’ – Birds Directive – Habitats Directive – Requirement to consider effect on designated sites of adjacent plan or project

Natural Environment and Rural Communities Act 2006, ss.40 & 41 – Duty to consider biodiversity conservation in planning decisions

Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017 – Afforestation – Environmental impact assessments – Judicial review – Planning permission – Scotland – Screening opinions – Woodlands

Town or village green – Refusal of registration – Use ‘as of right’ or ‘by right’ – Effect of a period of interruption of user
HC [2014] EWHC 2560 (Admin)

Wimbledon and Putney Commons Act 1871 – Proposed grant of easements over areas of Common – Whether within the scope of powers and duties of Conservators – Need for flexible interpretation of powers and duties

Public rights of access under statutory Scheme – Whether rights of common – Commons Registration Act 1965 – Rights of common lapsed for want of registration – Tree Preservation Order – Whether grounds expressed resulted from erroneous construction of rights

Commons Registration Act 1965, s.22 – Town or village green – Effect of notices negating public rights of way – Predominance Test: effect of user of the relevant land as to less than half by inhabitants of neighbourhood

Town or village green – Locality – Neighbourhood within a locality – Whether the existence of more than one ‘neighbourhood’ is fatal to registration
Appealed to CA [2010] EWCA Civ 1438

Town or village green – Commons Act 1965, s.14: rectification of register – Effect of lapse of time between registration and application to rectify

Commons Act 2006, s.15 – Town or village green – Whether land appropriated under statutory power for public recreation was used ‘by right’ or ‘as of right’ – R (Beresford) v Sunderland City Council (2004) no longer to be relied upon

Commons Registration Act 1965 – Town and village greens – Ibid,. s.14: application to rectify register – Original registration wrongly confirmed – Whether rectification would be just