The quay in the picturesque Essex town of Mistley was properly registered as a ‘village green’, the Court of Appeal has held in a victory for local campaigners.
The decision, in TW Logistics v Tucker [2018] EWCA Civ 2172, means the area of waterfront at Mistley Quay remains available for the recreational use of the local residents.
In 2008, TW Logistics, which owns the port, erected Heras fencing along the edge of the quay, prompting locals to bring a legal challenge. Represented by Birketts partner Nigel Farthing, they applied for registration of the quay as a village green. A public inquiry was held to determine the issue. Once registered, however, TW sought the removal of the quay from the register of town and village greens.
TW argued that the laws protecting village greens would lead to them committing a criminal offence when using the quay. However, the Court of Appeal rejected this argument.
Lord Justice Lindblom said: ‘A landowner will be free, and indeed has the right, to continue in his previous commercial or other activities on the land after registration, so long as he does not interfere with the corresponding right of local inhabitants to continue in their use of it for recreation.’
Richard Eaton, partner at Birketts, who defended the campaigners in the case, said: ‘Mistley is a working port and a key issue in the litigation has been the examination of how the law treats the co-existing interests of the landowner and the inhabitants. The decision sheds valuable light on the post registration rights of each, and how they can continue with sensible give and take and common sense.'
