We oppose the development of the grassland next to our homes. We can do it by making the land a Village Green.
The public has used it for recreation purposes without any restriction for over 20 years. Is it possible to exclude this site from the “development area”? MT
To protect their village green from development, residents may be allowed to register local grass areas as village greens.
Myra Butterworth, MailOnline Property Expert said: More housing is required in this country, but new developments need to be carefully thought through.
We only need to look at the cladding scandal to see how poorly devised schemes can ruin the lives of both homeowners and their communities.
Planning councils should consider how development plans can be beneficial to both potential homeowners and to the communities they live in.
Green space is essential to this process. Registering an area as village green can help protect green spaces that are available for the community. It is determined if it may be used.
Stephen Gold is a retired judge, author and speaker. Maypole dancing, playing cricket, lying on the grass, bird watching, or walking the dog.
A sufficient number of people have engaged in this type of activity for at least twenty years on the same piece of land, they could petition their local authorities to register it as a village or town green.
The Commons Act 2006 specified the requirements for legal sports and pastimes.
The act must have taken place openly, not in darkness and with the permission of the landowner. It also should not have involved the use force. Do you jump over fences? “If you won’t allow me to continue dancing, I’ll baiff you.” That’s not the case.
Register the land to become a village green.
The registration does more than confirm the rights of locals. It also allows them to be referred as “inhabitants” of any neighborhood within the locality. This gives them the ability to continue using the land the way they used it. The landowner is effectively prevented from developing it.
Too much has been done in the past. It was because there were too many registrations being used to delay or frustrate landowners from obtaining planning permissions for their land that the law was altered. Get the Growth and Infrastructure Act 2013.
This has eliminated the possibility to register for any of 14 events. Importantly, these events do not just include the grant or denial of permission but also the submission of an pending request for permission. If planning permission is denied, or is not used within the permitted timeframe, then registration rights would be restored.
A draft document identifying the land to be developed in the development plan would also prevent registration. This could have been approved or made available for consultation.
An application to register as a village green will be stopped if a planning request relating the subject land is pending.
The lessons for landowners
Landowners should not have to worry about their land being eligible for registration.
If necessary, stop the use by a court order or fence the land to prevent access.
You can also make clear that the owner permits the use, but they may withhold permission if they choose. This is done by posting a note on the property.
It is easier and more reliable. The system is based on the 2013 Act. It involves the submission to the local authorities of a plan as well as a written declaration. It states that the owner would like to put an end to any time the clock has been ticking over to the twenty-year mark. It will stop the clock.
While the locals may be able to count down another 20-years of enjoyment from the land, the owner could deposit another statement to stop it. You can go on.
After 20 years …?
The owner of a property where 20 years have passed but not registered can still make a deposit for a statement or plan.
The effect would be to limit the time that locals could apply for any land registration – for England land, one year and Wales land, two years. It is too late for locals after that. However, this is risky for an owner as it will make the authorities aware of the delayed statement and alert locals that they will need to register the vehicle.
What does the case look like?
It is understood that there is an application in planning for this land.
The application will be withdrawn and refused. The application could not be accepted, withdrawn, rejected, or activated in the time allowed.
However, even though the application does not cover all of the land where the residents have enjoyed their hobbies, registration may still be allowed. You should carefully examine the plans included in your planning application.
Stephen Gold (ex-judge, author of “The Return of Breaking Law”) (see breakinglaw.co.uk).
