The Court of Appeal has dismissed the latest legal appeal in the long-running litigation concerning part of the site for a multimillion pound leisure and housing regeneration in Redcar. The appellant had appealed against a ruling in the High Court refusing an application for judicial review and effectively upholding a decision of the first respondent local authority not to register a piece of land forming part of the Coatham Enclosure as a town or village green under the Commons Act 2006.

The Court ruled that local inhabitants had not indulged in lawful sports and pastimes on certain land, which was sought to be registered as a town or village green, "as of right" within the meaning of the Commons Act 2006 s.15, as the inhabitants overwhelmingly deferred to the landowner's use of the land as a golf course and thus giving the appearance to the landowner that they were not asserting a public right.

 

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