R v Suffolk County Council, ex parte Steed and Another
| Jurisdiction | England & Wales |
| Judgment Date | 11 November 1996 |
| Date | 11 November 1996 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Common land - failure to register - customary rights not extinguished
A failure to register a town green as common land under section 1(2)(a) of the Commons Registration Act 1965 did not have the effect of extinguishing the customary rights over the land. Such land could subsequently still be proved by evidence to be a green although it was not deemed to be a green under the Act as appropriately registered land was.
The Court of Appeal (Lord Justice Butler-Sloss, Lord Justice Pill and Lord Justice Schiemann) so held on July 11 when dismissing, on other grounds, an appeal by David and Colin Steel against a decision of Mr Justice Carnwath in which he dismissed an application to quash a refusal by Suffolk County Council to register land known as the People's Park, Sudbury as a town green.
Court of Appeal
Commons registration - failure to register - customary rights
The failure to register a town green under section 1(2)(a) of the Commons Registration Act 1965 did not have the effect of extinguishing any existing customary rights over the land which could be proved in evidence.
The Court of Appeal (Lord Justice Butler-Sloss, Lord Justice Pill and Lord Justice Schiemann) so stated on July 11 in dismissing an appeal by the applicants, David and Colin Steed, against a decision of Mr Justice Carnwath to dismiss their application to quash the refusal of Suffolk County Council to register the Peoples Park, Sudbury as a town green.
LORD JUSTICE PILL said that he had come to that conclusion having regard to the...
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Table of Cases
...76 (Admin), [2002] 2 PLR 1, [2002] ACD 63, [2002] NPC 26, QBD 500, 501 R v Suffolk County Council ex parte Steed [1995] 75 P & CR 102, [1997] 1 EGLR 131, [1996] NPC 117, CA 496, 500 R v Surrey County Council ex parte Bridge Court Holdings Ltd [2000] 4 PLR 30, [2000] PLCR 344, (2000) 97(8) L......
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Table of Cases
...Steward and Suitors of the Manor of Havering Atte Bower (1822) 5 B and Ald 691, 106 ER 1343 13.2 R v Suffolk County Council ex p Steed (1996) 75 P & CR 102, [1997] 1 EGLR 131, CA 4.9, 19.7 R v Tower (1815) 4 M&S 162, 105 ER 795, 16 RR 428 25.4 R v Wakeford (1714) Sess 98, 93 ER 100 13.5 R v......