Voluntary registration/dedication of land as a town or village green

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Introduction

Powers are available which allow an owner of land voluntarily to dedicate the land as a town or village green by applying to have it included in the register of town or village greens.

We consider:

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1. Reasons for registration

These might include the following:

1.1 The land you own is already used by local people for recreation (perhaps with permission) and you wish to formalise the position and protect the land for people’s enjoyment in the future.

1.2 You wish to allocate for recreation land which is not currently used for that purpose.

1.3 You are promoting or funding the provision or improvement of open space.

1.4 You want to create a lasting public memorial and put something back into the community.

1.5 As a planning condition for a development you are required to provide a recreational area.

2. Application process

 

The process is simplified and does not require the usual evidence-based type of application:

2.1 Complete form 44 and submit it to the commons registration authority (county or unitary council). The authority is not required to examine the merits of the application, it need only be satisfied that you are legally entitled to apply to register the land.

2.2 You will need to consult any lease or charge holder to inform them that you intend to apply for voluntary registration. They will need to provide written consent.

2.3 The application must include a map and description of the land. You will need to identify the area where local people who use the  land reside, because once the land is registered as a town/village green those local people will have a right to the land for recreation.

2.4 You need to confirm in a statutory declaration that you are the owner of the land and have obtained any necessary consents. An application cannot be rejected, but the authority can ask for further evidence of ownership.

3. List of pioneer areas

 

If you live in one of the following pioneer areas, you will need  a Form C9 which can be obtained from your registration authority by following the links on our Commons Act 2006 page.

Blackburn with Darwen,

Cornwall

Devon (ex. unitary authorities)

Herefordshire

Hertfordshire

Kent (ex. unitary authorities)

Lancashire (ex. Blackpool)

Cumbria

North Yorkshire

 

 

 

While the Open Spaces Society has made every effort to ensure the information obtained in this fact sheet is an accurate summary of the subject as at the date of publication, it is unable to accept liability for any misinterpretation of the law or any other error or omission in the advice in this paper.

 

© Open Spaces Society, April 2020

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Further resources about town and village greens

  • Charter for open spaces in Wales

    Read our August 2020 charter for the future of open spaces in Wales.

  • Strategic Plan 2019 - 2024

    Read our strategic plan for 2019 - 2024 which outlines how we will realise our vision for paths and open spaces.

  • Getting Greens Registered

    Download our Getting Greens Registered PDF - a step-by-step guide on how to go about applying for Village Green registration.

  • How do we protect open spaces?

    Read our article about protecting open and green space close to where people live.

  • How to register a town or village green

    A walk-through of the process to register land as a town or village green in Englans or in Wales

  • Guidance on making a successful green application

    These guidance notes have kindly been prepared the The Friends of Coombe Wood who successfully registered a green in 2013.

  • Charter for open spaces in England

    Read our August 2020 charter for the promotion and protection of open spaces in England so that everyone can benefit.

  • Enabling healthy placemaking

    Royal Town Planning Institute July 2020 research seeks to identify the challenges faced by planners who try to integrate healthy placemaking principles in their decisions.

  • Protecting commons, greens and open spaces training course

    Learn the fundamentals on this comprehensive course to include definitions, registration/designation, protection and management.

  • Court cases on town & village greens

    We publish a commentary about most decisions in the courts about town and village green cases. You can find a list of these cases here together with a hyperlink to our commentary or (where there is none) report of the case on the website of the British and Irish Legal Information Institute.

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