Court : House of Lords
..... sake of completeness that a new commons bill which repeals and replaces the 1965 act is now before parliament. ..... . there are major policy considerations underlying many of the issues raised by this and similar cases: between preserving local amenities of whatever kind for the benefit of the local people and permitting the appropriate development of land, in particular to meet the needs of local ..... , i would have concluded that there is a short period of time, from 1990 to 2001, when land might become a new green and remain registrable as such even though the required use was not still continuing ..... the royal commission on common land 1955-1958 (1958) (cmnd 462) drew attention (in paragraph 19) to the deterioration in many town and village greens: "unhappily, although many exquisite greens and small village commons do exist, reality all too ..... might subsequently become a green once more by virtue of statute or, more probably, 20 years' continuing exercise of what had previously been the local inhabitants' customary rights (as has happened with the ancient town green in richmond, north yorkshire) ..... a town or village green has traditionally been classified as a sub-set of a larger class, that is land over which inhabitants of a neighbourhood enjoy customary rights, sometimes recreational, sometimes non-recreational (as in mercer v denne [1904] 2 ch 534 (farwell j), [1905] 2 ch 538) (court of appeal) ..... the absence of an inspection or at least photographs of the site, i would be very reluctant to do so. .....
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