CASEBOOK: Court cases - Village green classification struck down by court

South Gloucestershire Council's decision to classify a site on the outskirts of Bristol as a village green has been struck down by the High Court because the evidence failed to show that it had been used by a significant number of local residents for the requisite 20-year period.

Cheltenham Builders Ltd pointed out that 90 per cent of the site was overgrown or impassable, which meant that the public could only use paths across it to walk or cycle. Thus it was physically impossible for the majority of the land to have been used for recreation, the company claimed. Mr Justice Sullivan accepted its arguments.

Cheltenham Builders Ltd v South Gloucestershire Council; Date: 10 November 2003; Ref: CO/5533/2002.

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