Town and Village Greens: Contentious and Commercial Uses Do Not Defeat a TVG

    View Author August 2017

    The TW Logistics Ltd. v. (1) Essex County Council (2) Ian James Tucker (2017) case concerned land which was used as a working quayside by the corporate landowner, despite having been formerly registered as a town/village green (TVG). The local authority had previously registered the land as a TVG as it was recognised, in line with the familiar test for a TVG, that it was used by the local residents for lawful sports and pastimes, which had been enjoyed for a 20-year period. This use and enjoyment of the land had only been interrupted when the company landowner was required (by the Health and Safety Executive) to erect a fence on the quayside to prevent the risk of employees or passers-by falling in to the water.