Environmental Law Foundation - Access to environmental justice for all

NEWS RELEASE: 4 March 2010 

ENVIRONMENTAL LAW FOUNDATION APPLAUDS SUPREME COURT DECISION IN REDCAR CASE

A recent decision by the Supreme Court of the United Kingdom has halted a £55 million project to build 350 houses, a swimming pool, leisure facilities and a visitor centre on land which local residents have long regarded as a village green.

The ruling upheld the claim of local residents to have used the land for "sports and pastimes" for at least 20 years, the central argument against the proposed development.

Local people see the common, which lies off the Teesside Coast, as an area of outstanding beauty. The land is used for a range of different activities. It is also an area of importance to many species of migrating birds.

The decision, which goes against the arguments of Redcar and Cleveland Borough Council with Persimmon Homes, hinged on whether the presence of the golf club constituted ‘deference’ on the part of local residents to a members-only golf club, who had shared the land with the public.

Lord Walker, Justice of the Supreme Court of the United Kingdom, said:

“I have great difficulty in seeing how a reasonable owner would have concluded that the residents were not asserting a right to take recreation on the disputed land, simply because they normally showed civility towards members of the golf club who were out playing golf.” 

The decision has profound implications for numerous other disputes about open spaces all over the United Kingdom.

Emma Montlake, E.L.F’s Legal and Policy Officer, said:

“This judgment will send reverberations through legal circles and give heart to local action groups interested in the application of Village Green legislation.”

Debbie Tripley, Chief Executive of the E.L.F, said:

“When a resident of Redcar first contacted the E.L.F in 2005, we could not then have anticipated the legal drama that would ensue. A six year threat to an area of open land and great scenic beauty has finally been overcome.”

E.L.F salutes the perseverance of the local action group ‘Friends of Coatham Common’ who won a landmark victory from the High Court overturning a decision not to register Coatham Common as a Village Green. 

Please see our Resources page for the full Judgement 

ENDS 

Notes to Editors:The Environmental Law Foundation (ELF) is the national UK charity founded in 1992 that helps people use the law to protect and improve their local environment and quality of life. Through our network of specialist lawyers and consultants across the UK, we provide free guidance and continuing support to those in need of assistance.

ELF also provides education and training, promotes lectures, conferences and seminars, produces publications and encourages policy development.

Contact: Emma Montlake

Email: emma@elflaw.org.uk