This post was written by Siobhan Hayes and Richard Nicoll.
This is a hot topic in that a number of developments are currently being delayed/called into question by claims that the site is common land or is a town or village green. Developers need to take care when they plan to develop land that has been used by the public for their recreation.
Why? That land may turn out to be a town or a village green that cannot be built on in perpetuity. The land that the town or village inhabitants have been using for their sports and pastimes is regarded as belonging to that community for the benefit of that community.
‘Sports and pastimes’ can include informal activities like dog walking and frisbee throwing. Sites particularly at risk are areas of unfenced open land close to communities that have been using the land without permission.
The Commons Act 2006 regulates greens and common land, and is slowly being brought into force. It will not operate in a way to make life any easier for developers. It is replacing the Commons Registration Act 1965.
Common land is not particularly controversial, but the new laws for town and village greens are already proving troublesome for developers. Land owners hoping to sell for development and potential developers need to be aware of a number of risks arising for land that has been used for recreation by the locals.
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