Wales: Planning (Wales) Act 2015
The Planning ( Wales) Act 2015 received Royal Assent in 2015 and Part 8, sections 52 – 54 came into force on 22 October 2018.
Part 8 of the Act contains sections which amend the Commons Act 2006 in Wales. Section 52 introduces landowner statements which will allow landowners to deposit a statement to bring to an end “as of right” (without secrecy force or permission) use of the land.
If evidence can be obtained to apply to register land as a village green an application will have to be made within the period of time prescribed.
Now Section 53 is in force, it will not be possible to apply to register land as a village green where a planning application has been granted, a local development order which grants planning permission for operational development is adopted, or an order granting development consent has been made. These restrictions, or “trigger events”, are set out in Schedule 6 of the Act and will amend section 15 of the Commons Act 2006.
Section 54, which relates to fees for common land applications, is also now in force and an implementation update on the Act is available here.
The Welsh Government has published Guidance to Commons Registration Authorities in Wales.