How to stop the clock on village or town green status
Under longstanding legislation, local residents can claim usage rights over open spaces they use for recreational purposes. This rule, known as village or town green status, can seriously hinder plans for future development of land over which such usage rights are being claimed.
However, the pendulum has swung back in favour of landowners following an Act passed in 2013 that allows a re-set of the clock to prevent village or town green registration.
This article explains everything you need to know.
What is village or town green status?
Registered village or town greens are areas of open space that are protected from development under the Commons Act 2006. Local residents can apply for village or town green status after they have established 20 years of continuous use. This means that the land must have been used ‘as of right’ – without permission but without force or secrecy.
The Commons Act 2006 declares that anyone can apply to register land as a village or town green so long as “a significant number of inhabitants of any locality, or 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”.
Village or town green and property development
While, in many cases, local residents have a legitimate case for seeking village or town green status for recreational purposes, this longstanding legislation has also been used as a tactic to prevent the development of land.
By registering land as a village or town green, residents ensure that the only development permitted is for the better enjoyment of the green for sports and pastimes. This severely restricts the landowner’s rights over their land.
More options for landowners
For landowners and developers, therefore, applying to stop the clock on village or town green status is crucial should they wish to develop the land now or in the future.
Since the passing of the Growth and Infrastructure Act 2013, which came into force on 1 October 2013, the rules around registering new village or town greens have evolved. Most significantly, Section 15 amends the Commons Act 2006 by allowing landowners to register a ‘statement’ to bring an end to any recreational use of land as a village or town green. This means that landowners can stop the clock on village or town green status, thus re-setting the 20-year period back to zero.
What can landowners do to halt Village Green status?
Following the passing of the new Act, landowners can apply to re-set the clock on village or town green status, effectively pushing the issue 20 years down the line. Therefore, one way to retain potential development rights would be for landowners to submit a new application every 15 to 19 years, for example, in order not to cross this threshold.
To guard against village or town green status, landowners can implement a process by way of a ‘statement’ to stop use of the land gaining village or town green status.
What if the 20-year period has already passed?
Where a privately owned open space has already been used by local residents for more than 20 years, a village or town green application can be made.
However, if the area has not yet been registered as a village or town green, landlords are still permitted to submit a ‘statement’ under the new Act. At this point, a one-year grace period will be triggered in which an application for village or town green status can be made. If nobody applies for village or town green status in that year, the clock is re-set to zero.
Here to help
Understanding the legal intricacies of village or town green status can be complicated. Our expert Commercial Property and Town and Country Planning Solicitors are here to help you navigate the obstacles to development and exercise your rights as landowner. We can help you process the necessary applications to stop the clock on village or town green status and advise on all relevant aspects of planning and property rights. Get in touch today! enquiries@attwaters.co.uk or 0330 221 8855
