To register land as a green:
- First check with your registration authority (county or unitary council) to see whether it is already registered. If it is not, ask the authority for Form 44 and the regulations contained in the Commons (Registration of Town or Village Greens) (Interim Arrangements) England) or (Wales) Regulations 2007.
- Following implementation of the Growth & Infrastructure Act 2013 it is no longer possible to apply to register land as a green where the following circumstances, among others, pertain.• An application for planning permission is first publicised.
• A draft development plan has been published for consultation, identifying the land for potential development.
• A draft development plan which identifies the land for potential development is adopted.
• A draft neighbourhood development plan which identifies the land for potential development is published for consultation.
• A neighbourhood development plan which identifies the land for potential development is made.
If the threat is lifted the land will become eligible for registration once more.
Full details of these ‘trigger’ and ‘terminating events’ are contained in Appendix 1 to s15, Commons Act 2006
Defra has issued guidance to commons registration authorities, updated as at December 2016, and this is available here.
Applicants should also note that:
• Landowners may deposit a statement with the commons registration authority to challenge use of land for lawful sports and pastimes as of right and prevent it from becoming eligible for registration.
• The period within which you must submit your application for a green after your use is challenged (other than in connection with development, above) is one year.
- If you live in Blackburn with Darwen, Cornwall, Devon, Herefordshire, Hertfordshire, Kent Lancashire, Cumbria or North Yorkshire please note that these are pioneer areas and the relevant regulations are contained in the Commons Registration (England) Regulations 2008. You will need a Form C9, which can be obtained from your registration authority by following the links on the Commons Act 2006 page of our website.