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Cases

High Court to hear Commons Act 2006 test case

11.02.2020

Today the High Court (Holgate J) will begin to hear two days of argument as to the meaning of 'curtilage' within Schedule 2, paragraph 6 Commons Act 2006.

The case concerns a challenge to an Inspector's decision to remove 115 acres from Yateley Common in Hampshire. The land formed part of Blackbushe Airport. The Inspector found that the land fell within the curtilage of a small terminal building.

The decision was made under the provisions of Schedule 2, paragraph 6 Commons Act 2006 where, unlike s.16 Commons Act 2006, there is no requirement to provide exchange land, or consider the interests of commoners or the neighbourhood.

The case will therefore test the limits of the procedure under Schedule 2, paragraph 6 of the 2006 Act as an alternative to the onerous provisions of s.16.

Ashley Bowes acts for one of the commons instructed by Kristina Kenworthy at Richard Buxton Solicitors.