R (on the application of Oxfordshire & Buckinghamshire Mental Health NHS Foundation Trust) v Oxfordshire County Council

[2010] LGR 631

23rd March 2010

High Court


The claimant applied for judicial review of the defendant authority’s decision to grant the first interested party’s application for registration of Warneford Meadow in Oxford as a new town or village green.  The grounds of the claim were (i) that “no public right of way” notices erected on the meadow by the claimant had rendered use of the whole for lawful sports and pastimes contentious, and so not “as of right”; (ii) that section 22(1A) of the Commons Registration Act 1965 did not permit registration unless recreational use of the land had been predominantly by the inhabitants of the relevant locality or neighbourhood.  The claim was dismissed.

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