TVG Roadshow - Poole
Date: Fri, 20 Jul 2012 to Fri, 20 Jul 2012
Location: Poole Borough Council, Committee Suite, Civic Centre, Poole
William Webster and Paul Wilmshurst, of 12 College Place, are pleased to announce their Town and Village Green Roadshow will be visiting Poole, in conjunction with Poole Borough Council, on 20th July.
This is a day long seminar, starting at 10am and running until 4pm, which attracts 4 hours Free CPD. Those attending will receive a free book; 'A Practical Guide to Village Green Law (2012)'.
This course is free of charge and refreshments & lunch will be provided
This course holds 4 hours free CPD
To reserve your place at this event please contact Michelle Cutler of Poole Borough Council
(Please note that this event is not being managed by 12CP)____________________________________________________________________________
This course is of interest to those in the public sector who deal with the registration of greens or who object to such applications on behalf of their authority.
Private landowners facing applications to register or even looking to take steps to minimise the risk of registration will also find the content useful.
What Topics Will Be Covered?
This course will deal with the registration framework under the Commons Act 2006; the following issues will be specifically addressed;
* Leeds Group PLC in the Court of Appeal (locality/ neighbourhood/ retrospectivity/ human rights) - the likely battleground in the Supreme Court in the event that permission to appeal is granted.
* Betterment and Paddico in the Court of Appeal (contentious user/interruption/the justice issue under section 14 of the CRA 1965/locality) - the likely battleground in the Supreme Court in the event that permission to appeal is granted in either or both cases.
* Barratt Homes- will section 241 of the town and Country Planning Act 1990 trump registration?
* The Newhaven case- will conflicting statutory functions trump registration?
*Barkas and user by right where land is acquired and laid out under the Housing Acts as amenity land - will such land be equated with land held for the purposes of the Public Health Act 1875 or the Open Spaces Act 1906?
* Is public open space acquired or appropriated for the purposes of section 4 of the Physical Training and Recreation Act 1937 / section 19 of the Local Government (Miscellaneous Provisions) Act 1976 precluded from being registrable on the basis that user is also by right?
* Are the interim holding powers found in section 158 of the Local Government Act 1933 / section 120 LGA 1972 sufficient to engage the holding powers in the case of land held for the purposes of the PHA 1875/OSA 1906 and thus to preclude such land from registration?
* Highway Land- is it possible to register such land as a new green?
* Res judicata- recent applications since Thrasyvoulouand Coke-Wallis - can a registration authority summarily reject an application to register where the application is analogous to an earlier application which has failed?
* Contested applications - how should they be determined—by members or should an independent Inspector be instructed in every case (or referral to the PINS in the case of conflicts under reg. 27 in the pioneer implementation areas).
* Challenging decisions of the registration authority.
* Self-challenges—what is to happen if, in the case of land owned by a registration authority, advice is given that the decision to register should be challenged on the basis of a misdirection in law?
* Piper Land—section 14 creep?
* Post-registration rights and duties—how are greens to be managed/what can an owner do on his land after registration?
* Protective costs orders—protection for those looking to judicially challenge decisions of registration authorities.
* Metropolitan Commons—schemes etc
To register for your place please Contact Michelle Cutler at Poole Borough Council
(Please note that this event is not being managed by 12CP)