Laing Homes Ltd., R (on the application of) v Secretary of State for the Environment Food and Rural Affairs, Court of Appeal - Administrative Court, July 08, 2003, [2003] EWHC 1578 (Admin)
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Laing Homes Ltd., R (on the application of) v Secretary of State for the Environment Food and Rural Affairs, Court of Appeal - Administrative Court, July 08, 2003, [2003] EWHC 1578 (Admin)
Case No: CO/3141/2002
Neutral Citation No: [2003] EWHC 1578 (Admin)IN THE HIGH COURT OF JUSTICEQUEENS BENCH DIVISIONADMINISTRATIVE COURTRoyal Courts of JusticeStrand, London, WC2A 2LLDate: Tuesday 8th July 2003Before :THE HONOURABLE MR JUSTICE SULLIVAN- - - - - - - - - - - - - - - - - - - - -Between :- - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - -Charles George QC, Paul Hardy Esq. and Jeremy Pike Esq. (instructed by Laytons) for the ClaimantStephen Morgan Esq. (instructed by Buckinghamshire County Council Legal Services) for the DefendantJames Maurici Esq. (instructed by The Treasury Solicitor) for the Interested PartyHearing dates : 25th March - 2nd April 2003- - - - - - - - - - - - - - - - - - - - -JUDGMENT : APPROVED BY THE COURT FOR HANDING DOWN (SUBJECT TO EDITORIAL CORRECTIONS)Mr Justice Sullivan : Introduction1. In this application for judicial review the Claimant, Laing Homes Limited (``Laings'') challenges the decision of the Defendant, the Buckinghamshire County Council (``the Council'') as the Registration Authority for the purposes of the Commons Registration Act 1965 (``the Act'') to register a block of land consisting of three fields at Widmer Farm, Widmer End, High Wycombe, as a village green.2. Two of the fields, Field 1 (the eastern of the two) and Field 2 (the western) are situated within the Civil Parish of Hughenden (Widmer End Ward). Field 3 which is to the south of, and contiguous with Field 1, is within the Civil Parish of Hazlemere.3. The combined area of the three fields is 38 acres. They form part of a larger area, Widmer Farm, which was acquired by Laings in 1963 as part of its land bank, with a view to developing it for residential purposes in the medium-long term. In common with many other land banks held by house-builders, Widmer Farm adjoins the edge of a built up area: the urban area centred on High Wycombe, is about 6 kilometres away to the south-west.4. To the north of Fields 1 and 2 is residential development at Widmer End and fronting onto North Road. The gardens of the North Road properties back onto Field 1, which also abuts residential curtilages along its eastern boundary. Field 2 abuts one residential curtilage to the north, but is mostly separated from the gardens behind the housing along North Road by three smaller fields (Fields 4, 5 and 6) which also form part of Widmer Farm. Access to North Road can be obtained via Field 6. At its northeastern corner Field 3 abuts a few residential curtilages, but most of its eastern boundary is separated by a public footpath (FP11) from the grounds of two local authority schools. The other three sides of the school grounds are surrounded by extensive residential development. To the south and west of the fields there is agricultural land. To the west of Field 2, and separated from it by another field, a bridleway, BW67, runs southwards from Grange Road, off North Road.5. In 1973 a farmer, Mr Pennington, who had a farm at Brill, some 20 miles away, between Aylesbury and Bicester, was granted a grazing licence of Widmer Farm. The farmhouse was sold off in 1976. In the early years Mr Pennington kept cattle in the fields. His original intention was to graze the pasture land fairly fully, and to this end he made extensive efforts to fence the farm to keep his cattle in and trespassers out. However, repeated problems with trespass caused him to give up keeping cattle in the fields in 1979. He continued to keep some cattle in the three smaller fields (Fields 4, 5 and 6) until about 1982. The cattle would from time to time pass through the northern part of field 2 to get between Field 5 and Field 4, where there was a water trough. Thereafter, Mr Pennington took an annual hay crop from the fields until the early 1990s.6. On the 12th June 2000 an Inspector confirmed (with modifications) the Buckinghamshire County Council (Footpaths at Widmer End in the parishes of Hazlemere and Hughenden) Definitive Map Modification Order 1999 (``the Footpath Order''). The effect of the Footpath Order was to modify the Definitive Map and Statement for the area by the addition of a number of footpaths, around the edges of Fields 1, 2 and 3 (cutting some corners), across Fields 5 and 6 leading to North Road, and continuing alongside the boundaries of the field to the west of Field 2 to BW67.7. On the 25th August 2000, Mr Wainman, on behalf of the Grange Action Group (``GAG''), applied for the three fields to be registered as a village green. GAG is a voluntary grouping of a number of local organisations, including parish councils and residents' associations.8. The Council, as Registration Authority, appointed Mr Alun Alesbury of Counsel as an independent inspector (``the Inspector''). Following a pre-inquiry meeting on the 5th June 2001, he held a public inquiry at Widmer End on six days between the 5th and 13th November and made an accompanied site visit on t...See the full content of this document
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