Town and Village Greens and Highways Update Seminar - Bristol
Date: Fri, 25 Mar 2011 to Fri, 25 Mar 2011
Location: The Pavilion, Hannover Quay, Bristol
Town and Village Greens and Highways Update
Due to the high level of interest in the Town and Village Greens seminar, here in Southampton, we are working with Rachel Johnson (Planning Solicitor) at Bristol City Council in order to offer you an additional date in Bristol.
The seminar will be hosted by William Webster, Gary Grant and Paul Wilmshurst, our resident experts in the field.
Whilst this seminar is primarily aimed at Property Lawyers in Local Government; it will also be beneficial to those in the Private Sector.
The seminar is free of charge and attracts 4 hours CPD
This seminar will cover:
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The legal framework under the Commons Act 2006.
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An analysis of the growing jurisprudence in this increasingly complex branch of the law. This will look at, for example; R (Lewis) v Redcar and Cleveland Borough Council [2010] UKSC 11; R (Oxfordshire and Buckinghamshire Mental Health NHS Foundation Trust and Anor v Oxford City Council & Anor [2010] EWHC 530 (Admin) (the 'Warneford Meadow' case); Betterment Properties (Weymouth) Ltd v Dorset County Council and Taylor (on behalf of the Society for the Protection of Markham and Little Francis) [2010] EWHC 3045 (ch); and Leeds Group Plc v Leeds City Council [2010] EWCA Civ 1438.
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The procedure in relation to applications for Town and Village Greens status - is the present system working; when should registration authorities instruct an independent inspector; in what circumstances are non-statutory inquiries necessary?
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Defences available to landowners in resisting applications to register - with specific reference to the holding powers of Local Authorities (arising by acquisition or appropriation) the effect of which in some cases will be to preclude user as of right.
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Practical steps which will be taken to reduce or eliminate the risk of a successful application to register.
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Ownership and management of Village Greens - what rights arise on the part of the local inhabitants and how can landowners deal with their land?
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The maintenance and management of highways and rights of way under the Highways Act 1980 including: an analysis of the duty to maintain under section 41 and special defence under section 58, obstruction and other nuisances, legal action over rights of way under part IX and Herrick v Kidner [2010] EWHC 269 (Admin) (now the lead authority on obstructing the highway under section 137).
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Impact of the Flood and Water Management Act 2010 on highways.
Gary Grant will be discussing Planning Localism and Greens.
As the Localism Bill makes its progress through Parliament, promising substantial change, consideration needs to be given as to how Local Authorities can meet the challenges of development plan making, sustainability and meeting housing need whilst the growth in applications for Town and Village Green status places the planning system and the registration process in tension.
Has an opportunity been missed for legislative change? Are the two processes working together? What will localism mean for communities?
Gary Grant (25 years call and Head of Chambers' Planning Group) will consider the headline elements of the Bill with particular emphasis on the implications for access to open land.
In order to keep this seminar as a free event, we would like to note that there will not be lunch provided on this occasion. You may wish to take this opportunity to take in the sights of the beautiful harbourside and its eateries during the lunch break (1 - 2pm).
Tea and coffee will be made available at the start of both the morning and afternoons sessions.
If you wish to attend this seminar please contact Chloe via email (chloe@12cp.co.uk) or complete the form below. If you require any further information regarding this please contact Chloe using the email address above. We look forward to hearing from you and hope that we will see you on 25th March.