Deregistration of Town and Village Greens: Supreme Court Refuses Permission to Appeal

23 October, 2024

The Supreme Court on Monday 21 October 2024 refused the application for permission to appeal against the Court of Appeal’s judgment in R (oao Strack) v SSEFRA

Deregistration of Town and Village Greens: Supreme Court Refuses Permission to Appeal

23 October, 2024

The Supreme Court on Monday 21 October 2024 refused the application for permission to appeal against the Court of Appeal’s judgment in R (oao Strack) v SSEFRA

The decision was the first at Court of Appeal level regarding the provisions in section 16 of the Commons Act 2006 which allow for deregistration of TVGs. Now that permission to appeal has been refused, that judgment, and the Inspector’s decision it concerns, both stand. The discussion of the nature of TVG rights at paragraph 45 onwards of the Court of Appeal’s decision in Strack will be of particular interest to practitioners. 

A previous news item for the Court of Appeal judgment, including further commentary on the decision, can be found here.

A copy of the judgment can be found here.

Hugh Flanagan acted for the Secretary of State for Environment, Food and Rural Affairs in the Court of Appeal and the High Court. 

Douglas Edwards KC acted for Taylor Wimpey Ltd. at Inquiry for the deregistration of the TVG. He represented them as First Interested Party in the High Court and the Court of Appeal, leading Michael Rhimes. They were instructed by Jan Hebblethwaite and Richard Thurling of Gowling WLG.