Protection for Developers Proposed

Property developers often spend very considerable sums in advance of seeking and obtaining planning permissions, let alone before any work on the development site commences.



Recently, several residents’ groups have sought to counter developments they oppose by the device of seeking registration of the land in question as a village green. This, if successful, will prevent development taking place. In a bid to stop misuse of the law that allows village green registration, the Government has proposed to place limitations on when such applications can be made.



The first limitation is that it will no longer be possible to apply to register land as a village green if an application to develop it has been made and granted or a planning application over it has been granted. Applications will also be prevented when the land concerned has been identified by the local planning authority as available for development under a local or neighbourhood plan.



However, if a planning application lapses because development has not commenced within the stipulated time limit, the right of protection from registration of the land as a village green will also lapse.



In order to have land declared a village green, it is necessary to show that it has been used ‘as of right’ for at least 20 years. In future, it is proposed that landowners will be able to ‘ring fence’ land they own, which means they will be able to deposit a statement that brings to an end the right to claim use of the land as of right. The effect of this will be to ‘reset the clock’, so a further period of 20 years’ use as of right will have to be proved to allow registration.



Lastly, the Government is proposing that applications to have land declared a village green will carry a fee, which is intended to discourage applications from those who are not determined.



The proposed changes are scheduled to come into effect in summer 2013.