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02 April 2010
Issue: 7411 & 7412 / Categories: Case law , Law digest
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Town and country planning

R (on the application of Oxfordshire and Buckinghamshire Mental Health NHS Foundation Trust and another) v Oxfordshire County Council [2010] EWHC 530 (Admin), [2010] All ER (D) 249 (Mar)

The court noted per curiam that the factors to be considered when determining whether a purported neighbourhood fell within s 22 (1A) of the Commons Registration Act 1965 were undoubtedly looser and more varied than those relating to locality but, as stated in R (on the application of Cheltenham Builders Ltd) v South Gloucestershire Council; Cheltenham Builders Ltd v South Gloucestershire Council ([2003] All ER (D) 128 (Nov)), a neighbourhood had to have a sufficient degree of (pre-existing) cohesiveness.

To qualify therefore, it had to be capable of meaningful description in some way. That was now emphasised by the fact that under the Commons Registration (England) Regulations 2008 (SI 2008/1961), the entry on the register of a new town or village green would specify the locality or neighbourhood referred to in the application. That could be amended to take account of the adoption of an

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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