06 March 2015
R (on the application of Newhaven Port and Properties Ltd) v East Sussex County Council [2015] UKSC 7, [2015] All ER (D) 278 (Feb)
The Supreme Court held that the use of a beach by members of the public up to 2006 had not been “as of right” but by implied licence by virtue of the fact that members of the public had enjoyed an implied licence to use the coastal beaches in the UK for recreational and associated purposes and by virtue of the provision of the byelaws governing the area. The result of that finding was that that part of the beach could not be registered as a village green pursuant to s 15 of the Commons Act 2006.
