The issue in this appeal is whether the Sunderland City Council erred in law in refusing to register as a "town or village green" under the Commons Registration Act 1965 an area of land known as the Sports Arena ("the land") close to the town centre of Washington, Tyne and Wear. The local authority, Sunderland City Council, who owned the land, argued that by mowing the land and erecting seating they had given implied permission for people to use the land. They argued that such implied permission defeated any contention that use was ‘as of right’ because they had given permission. The Lords rejected this argument and confirmed that the land should be registered as a town or village green.
The encouragement of the use of the land by the provision of benches and regular cutting of the grass reinforced, rather than undermined, the impression that local people were using the area ‘as of right’. This is an important decision, particularly where land is owned by a local authority.