Landowner statements and the threat to town and village greens in Wales
On 22 October 2018, Wales’s greens suffered a blow, when provisions of the Planning (Wales) Act 2015 took effect. Now you must apply to register land as a green within two years of a landowner’s challenge to your use of the land for informal recreation.
The right to recreational use of an open space by local people now needs to be defended within two years of a new landowner statement
Under section 15A of the Commons Act 2006, a landowner can deposit a statement and map which bring to an end any period of recreational use of the land which was ‘as of right’, ie without secrecy, force or permission. Once such a statement is deposited with the commons registration authority, local people have only two years in which to apply for village green status.
The notice of challenge to use of a green must be published on the commons registration authority’s website for at least 60 days, and posted at or near at least one entry point to the land for the same period. However, if the site notices are removed, there is no requirement to replace them, so people could easily not know that their use was being challenged.
The landowner must deposit a further statement and map within 20 years.
How do I find out about landowner statements that may threaten my local open space?
Registration authorities hold a register of landowner statements and must serve notice by email on anyone who has asked to be informed. The register must be kept in electronic and paper form. The society has written to all the registration authorities to ask to be notified. You too should contact your registration authority if you wish to be notified of any landowner statements.
How can I keep a step ahead of landowner plans to restrict access?
You should gather evidence of use and submit an application to register land which the public has used as of right for 20+ years before the landowner deposits a statement, otherwise you will have little time in which to do this.
Further resources about landowner statements in Wales
Town or Village Green claimants preparation for and participation in public inquiries
We look at matters that apply to the period in a green claim process after all the evidence has been gathered, the claim has been submitted and accepted, all subsequent exchanges have been concluded and the registration authority is arranging to hold a public inquiry.