England: - We published a revised third edition of our book Getting Greens Registered in response to the major changes in legislation introduced in the Growth & Infrastructure Act 2013.

The third edition has been further updated to reflect the amendment to the Commons Act 2006, contained within the Housing and Planning Act 2016 (Permission in Principle etc) (Miscellaneous Amendments) (England) Regulations 2017.

The regulations amend Schedule 1a to the Commons Act 2006 by adding two ‘trigger events’ (events which cause the right to apply to register land as a town and village green to cease). Trigger event 4A is when a local planning authority publicises its intention to grant permission in principle by the allocation of a site on Part 2 of a brownfield register. The corresponding ‘terminating event’, which reinstates the right to apply, is when a period of 10 weeks passes from when the local planning authority publicises its intention to grant permission in principle by the allocation of the site (without the land being added to Part 2 of the brownfield land of the register). Trigger event 4B is when a local authority publicises its intention to grant permission in principle, and the corresponding terminating event is when the grant of permission in principle expires.

This is in line with how the existing planning process operates and is consistent with the existing trigger events in Schedule 1a.

(Please note there have been subsequent amendments in Wales, as below, which will be included in a further update of the Third Edition of Getting Greens Registered, available here shortly.)

Wales: - The Planning ( Wales) Act 2015 received Royal Assent in 2015 and Part 8, sections 52 – 54 came into force on 22 October 2018.

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.

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.

Section 54, which relates to fees for common land applications, is also now in force.

For further information, please go to Planning (Wales) Act 2015 (updated 2018) on our website. We will be updating the relevant guidance within Getting Greens Registered to reflect these amendments and this will be published here shortly.

To purchase and download a complete copy of Getting Greens Registered Third Edition, please visit our online shop.

Appendix 1, updated as at March 2017, is available to download here and reflects the new provisions in the Commons Act 2006.

Defra has issued guidance to commons registration authorities, updated as at December 2016, and this is available here.

For details of court cases relating to village green legislation, please click here.

Full appendices to Getting Greens Registered, Third edition, Version 3

Appendix 1
Town and Village Greens - Trigger and Terminating Events (England & Wales)
England: Commons Act 2006 section 15, 15A, 15B, 15C,
schedule 1A.*
Wales: Commons Act 2006 section 15   Guidance notes for the completion of an application for the registration of land as a town or village green

Appendix 2
(a) England: The Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007, SI 2007 no 457 and Form 44
(b) England: The Commons Registration (England) Regulations 2008 SI 2008 no 1961, Part 3 and Form CA9 (available from registration authorities in pioneer areas)
(c) Wales: The Commons (Registration of Town or Village Greens) (Interim Arrangements) (Wales) Regulations 2007, SI 2007 no 2395 (W 198) and Form 44 (Welsh)

Appendix 3
Lawful sports and pastimes

Appendix 4
Inclosure Act 1857 section 12 and Commons Act 1876 section 29

Appendix 5
Bibliography

To purchase and download a complete copy of Getting Greens Registered Third Edition, please visit our online shop.

 

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