The Supreme Court has rejected a challenge to the registration as a Town or Village Green (“TVG”) of a section of quayside in a working port. The land had been registered despite the fact that the landowner had used it throughout the relevant period for its port activities. It had been regularly crossed by port vehicles. The Inspector and Judge had held that this did not, as a matter of fact, interfere with recreational use. The Appellant had argued that the land should not have been registered because its port activities would be criminalized after registration by legislation which applied to prevent interference with recreational activities on a TVG. The Supreme Court rejected this challenge. It has held that:
- After registration, the landowner has a legal right to continue to carry on those activities which he had carried on throughout the 20 year registration period. To that extent the recreational activities on the TVG post registration are, as a matter of law, limited by the landowners lawful activities.
- The legislation which criminalizes behavior on a TVG which interferes with recreational activity has to be read as not applying to the landowners lawful activities on the land.