Not so unlucky section 13

Village green iStock 000009004124XSmall 146x219The new Growth and Infrastructure Bill signals the end of last minute town and village green applications, write Andrew Beck and Emma Bingham.

Christmas may have come early for some landowners and developers this year as, following the Department for Environment, Food and Rural Affairs (Defra) consultation in response to the rise in Town and Village Green (TVG) applications, the Government has now published its Growth and Infrastructure Bill (the Growth Bill).

We have previously discussed concerns over contradictions in the Government's approach on the one hand, to facilitating development; and on the other to the protection of communities and green spaces [1] and the Growth Bill seeks to reform the TVG process and remove some of the confusing idiosyncrasies of the present regime. Defra's press release [2] identifies that the reforms are designed to tackle what are considered to be abuses of the existing TVG legislation.

Currently, applications to register TVGs can be made irrespective of whether the site has received formal planning approval for development. In addition, the current two-year time period for bringing applications means that developments can be built, sold off and new houses even lived in before the TVG application is submitted and then decided. This causes uncertainty for the landowner, the developer and the resident. Amongst other things, the new Growth Bill, in its current form, addresses this problem at section 13, by preventing TVG applications from being made where a planning application has been publicised or planning approved.

In summary, the proposed reforms to the TVG system are as follows:

  • The right to make a TVG application will cease to be available for land where there is a 'trigger event'. Trigger events include cases where planning permission has been obtained; where a planning application has been publicised; and where land is the subject of a development plan or identified in a neighbourhood development plan.
  • Landowners who wish to allow some public use of their land without risking its future development potential will now be able to do so through the introduction of landowner statements. These allow landowners to make declarations, to be deposited with their local commons registration authority, that the land is used by the public with permission, not 'as of right'. This proposal is to prevent public use rendering sites vulnerable to TVG applications.
  • The creation of enhanced fee powers for applications to amend the registers under Part 1 of the Commons Act 2006.

The reforms represent a significant shift in the current system. Preventing TVG applications from being made once a site has planning permission will avoid the delays and uncertainty which can be caused by the TVG application process.

The reforms will also be welcomed by landowners and developers. The introduction of landowner statements is particularly helpful as it will allow members of the public access to land whilst avoiding the significant costs to landowners of erecting and maintaining fencing and signs, as they currently have to if they wish to avoid local residents asserting use of the land 'as of right'." However, we would caution that whilst the proposed legislation should prove to be a positive change in the law in the long term, the provisions could prompt an influx of applications, either before the law changes and/or before planning applications are made in the future.

Although the overall sentiments of the Growth Bill are, by and large, good news for landowners and developers, it is perhaps too early to know whether the changes will be the definitive answer to stopping abuses of the TVG process.

The Growth Bill was presented to Parliament on 18 October 2012. Provisions are likely to be in force by summer 2013. 

Andrew Beck is a Partner and Emma Bingham is an Associate at Walker Morris. They can be contacted by email This email address is being protected from spambots. You need JavaScript enabled to view it.and This email address is being protected from spambots. You need JavaScript enabled to view it. respectively.

[1] To develop or not to develop? Current contradictions complicate this question.

[2] Ending abuse of village green legislation will unlock growth and boost aspiration.