Newhaven Update: To Beach Or Not To Beach?

On 25 February 2015, the Supreme Court handed down its decision in the case of R v East Sussex1. This was the culmination of a long running dispute over whether a tidal beach could or could not be a town or village green ("TVG").

In the Court of Appeal in 2013, it was held that a tidal beach in Newhaven, East Sussex could be a TVG. The port authority (which owns the beach) appealed this decision and the Supreme Court found in their favour - why?

The Facts

The case relates to a beach forming part of Newhaven port in East Sussex. The beach is tidal and is fully covered by the sea for 42% of each day. When not covered in water, local people use the beach for dogwalking and other recreational activities.

The beach is subject to byelaws created by the port authority (dating from 1931) which regulate access and use of the beach. In particular they prohibit bathing in certain areas, sports or games which obstruct or impede the use of the harbour and stop people from bringing dogs onto the beach unless securely fastened.

East...