Newhaven Port: Why UK Supreme Court ruled beach cannot be village green

Thinking legally

There was bad news and worse news for village green campaigners in the long UK Supreme Court judgment inR (Newhaven Port & Properties Ltd) v East Sussex County Council. The council and locals have lost the use of West Beach on the Sussex coast as the local port authority seeks to develop the port. The worse news is that the court has sought to close off all hope of turning beaches into village greens to protect them from development. The reasons for rejecting the Newhaven village green claim are complex and rather narrow – though they will stymie many village green claims against public authorities or companies acting on their behalf with statutory duties and powers.

But the Supreme Court justices also allowed themselves free rein to preempt any wider bathing beach claims that fall outside the limited Newhaven definitions. Consideration of the wider points will require another…

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