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Local Correspondents’ WeekendSession 3

Town and village greens and other green spaces

11 October 2014

Nicola Hodgson (case officer)

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Why should I get involved?

Local correspondents should get involved:

So they can explain the procedure to others when asked for advice

So they can be proactive in their community

It’s a local issue

It’s an issue of public interest

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Session 3

Village greens: registering

land as a new green

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The law and process

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Background

In recent years there has been much case law and new legislation on the registration of greens.

The origin of town and village greens comes from customary law.

The Commons Registration Act 1965 (section 22) provided for the registration of village greens. It was amended by s98 of the Countryside & Rights of Way Act 2000.

The original registers closed in the 1970s and so it was not until 1990 that a new 20 year period was capable of being registered.

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Commons Act 2006, s15

s15 came into force in October 2007 Provides greater clarity Grace periods for certain types of application Introduced voluntary registration

Any person, including a parish council, town council, district council or unitary authority can apply to the commons registration authority to register land as a town or village green.

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Commons Act 2006, s15 (2)

A significant number of inhabitants of any locality, or of any neighbourhood within a locality have indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years; and they continue to do so at the time of the application.

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Commons Act 2006, s15 (3)

15 (3) They ceased to do so before the time of the

application but after April 2007

The application is made within one year in England

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Commons Act 2006, s15 (6)

In determining the period of 20 years, there is to be disregarded any period during which access to the land was prohibited to members of the public by reason of any enactment

Foot and Mouth disease closures

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Commons Act 2006, s15 (7)(a)(b)

7(a) where persons indulge ‘as of right’ immediately before access to the land is prohibited in 15(6) those persons are to be regarded as contrary to indulge and

7(b) where permission is granted in respect of the land for lawful sports and pastimes the permission is to be disregarded in determining whether use is ‘as of right’

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The process

Gather evidence Photocopy/scan evidence forms (OSS

Getting Greens Registered) Distribute and collect Consider a simple letter of statement of

use Photographs, history society Support from local council and local

societies

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The process

Submit application and evidence Form 44 Send to local authority, county or

unitary borough No fee for application

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The process

Registration authority consider whether the application is ‘duly made’Application is advertised within a 6 week objection periodApplicant responds to any objectionsRegistration authority may hold a non-statutory inquiryDecision made by committee on recommendation of officers or independent inspector’s reportLand placed on register of town and village greens