*R (on the application of Barkas) v North Yorkshire County Council and another

Commons – Registration. The Supreme Court considered the issue of whether land in Whitby should be registered as a town or village green under s 15 of the Commons Act 2006. At first instance, and on appeal, it was held that the land should not be registered. The appellant appealed to the Supreme Court. The Court held that, since members of the public had been entitled to go onto and use the land, provided that they used it for the stipulated purpose in s 12(1) of the 1985 Act, namely for recreation, and that they did so in a lawful manner, the appeal would be dismissed. Further, the court considered the case of R (on the application of Beresford) v Sunderland City Council[2004] 1 All ER 160, and held that it was flawed and could no longer be relied upon.

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