*R (on the application of Church Commissioners for England) v Hampshire County Council and another

Commons – Registration. An application was made to register an area of land as a town or village green. The application was defective and a little over a year passed before a fully compliant application was registered with the defendant local authority. The claimant landowner objected. The High Court judge found that if the corrections were made within a reasonable period then the corrected application would take effect from the filing date and that the relevant application had been perfected within a reasonable opportunity. The Court of Appeal, Civil Division, held that reg 5(4) of the Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007, SI 2007/457, provided a means for curing deficiencies in an application which did not provide all the statutory particulars, and, once an application was so cured, it was treated as duly made on the date on which the original defective application had been lodged. Further, the question of reasonable opportunity was one for the court, not the registration authority. The appeal was allowed as a reasonable opportunity to file a non-defective application had been exceeded.

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