High Court hears dispute over registration of beach as village green

The High Court is this week hearing a case over whether a beach is capable of being registered as a village green.

West Beach in Newhaven is owned by Newhaven Port and Properties, which fenced it off in 2008.

Newhaven Town Council then sought to have the beach registered as a village green so it could be re-opened to the public.

Campaigners have produced evidence that residents had used the beach for “legitimate sports or pastimes” for at least 20 years.

East Sussex County Council decided in December 2010 that the beach was capable of registration.

Newhaven Port and Properties wants that decision to be quashed. Its barrister, Charles George QC, told Mr Justice Ouseley this week that registration of the beach was incompatible with the company’s right to peaceful enjoyment of its possessions under Article 1 Protocol 1 of the European Convention on Human Rights.

According to the BBC, George said the beach had always been a working part of the port.

He also argued that the inquiry inspector had erred in law and that registration of a tidal beach was “absurd”. The beach is covered by the sea for 42% of the time and there was no public right of access, the barrister added.

George warned that similar tidal beaches around the country could be registered if East Sussex’s decision was upheld.

Jacky Cole, deputy town clerk, told the BBC that the beach fulfilled the same functions as a village green. “Just because it is a piece of sand rather than turf does not mean it doesn’t,” she said.

The case is expected to last a number of days.