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R (on the application of Goodman) v Secretary of State for Environment, Food and Rural Affairs [2015] EWHC 2576 (Admin); [2016] 2 All E.R. 701; [2016] 1 P. & C.R. 8

DATE: 30 Jul 2015

A planning inspector's refusal of an application to register an area of land as a town or village green under the Commons Act 2006 s.15(2) could not stand where he had erroneously relied on an implied doctrine of appropriation. The Local Government Act 1972 s.122 required some conscious deliberative process and appropriation could not be simply inferred from how a local authority managed or treated the land.