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Town and country planning

02 April 2010
Issue: 7411 & 7412 / Categories: Case law , Law digest
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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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