Supreme Court hears challenge to lawfulness of registration of a Town or Village Green

Last week the Supreme Court heard oral argument in the case of TW Logistics v Essex CC. The case involved the issue of how the legislation prohibiting various activities on town or village greens (the so-called “Victorian Statutes”) interact with the registration regime, given the rule (as described in the case of R (Lewis) v Redcar) that the public’s activities on the land before registration may co-exist with those of the landowner, and must do after registration. The Council has registered part of the Port of Mistley, owned by TWL, as a Town or Village Green. By the Commons Act 2006, land is registrable as a town or village green if it is land on which significant number of the inhabitants of any locality… have indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years… . TWL challenges the registration, and argued that its effect would be to criminalise many of its activities in operating the Port. Oral argument was heard on the 2^nd and 3^rd December and judgment is awaited. David Holland QC and Toby Watkin of Landmark Chambers appeared for the Appellant.