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24 July 2013
Issue: 7570 / Categories: Case law , Law digest , In Court
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Commons registration

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Church Commissioners for England v Hampshire County Council [2013] EWHC 1933 (Admin), [2013] All ER (D) 170 (Jul)

In principle, a corrected application could have retrospective effect. There was nothing in the wording of the Commons (Regulation of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007 (SI 2007/457), which required the court to decide that there could not be retrospective effect of a corrected application. Provided that the landowner was notified that an application had been made, there was no unfairness. It had to be borne in mind that many applications for registration as a town or village green were made by interested persons acting without legal assistance and, since the rights sought would be for the benefit of the public, applications ought not to be defeated by technicalities.

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