Richard Naylor v Essex CC and (1) Silverbrook Estates Ltd (2) Diane Humphreys (3) Tendring DC

摘要

83. For the reasons I have given, the County Council's Development and Regulation Committee were entitled to conclude that the public's use of the relevant land for lawful sports and pastimes had been "by right", rather than being "as of right" (as s.l5(2)(a) of the 2006 Act requires), during the 20-year period before the application for its registration was made. In addition, and in any event, they were also entitled to conclude that the public's use for that purpose had not continued throughout that period but had been interrupted in 1993. This claim for judicial review must accordingly be dismissed.