In the recent history of judicial decisions on Town or Village Green (TVG) matters, this is something of a rarity.

In Paddico (267) Ltd v Kirklees Metropolitan Council the court held that land registered as a TVG in 1997 should not have been registered, and granted an order that the registration be removed.

In order to succeed in an application for registration of land as a TVG, the applicant must show that the land has been used by "a significant number of the inhabitants of a locality". That phrase was used in the Commons Registration Act 1965 but was amended in 2000 to "a significant number of the inhabitants of a locality or a neighbourhood within a locality".

The application in this case was brought under the 1965 Act. As a result, applying previous decisions, the inhabitants had to be from within a single locality.

The 6.5 acres of grass land which were registered in 1997 fell between the villages of Edgerton and Birkby and the inhabitants using the land came equally from both villages. The court found that neither village was an "administrative district" or "areas within legally significant boundaries". Therefore the application failed the tests and should have been refused.

This is a case on its own facts and if the application had been made under the revised definition, it would have succeeded.