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Town or village green risk for developers

19 July 2010

Developers must take seriously the risk to development proposals for open land wherever the land has been used for dog walking, jogging or other sports and pastimes in the recent past.

This is because they might have to deal with a town or village green (TVG) application by local objectors.

Registration of land as a TVG prevents the land from being developed. It is therefore very powerful in the armoury of local residents seeking to oppose a development. 

This is not just the province of beautiful greens in scenic rural villages. The tactic has been used in relation to patches of waste land in urban and suburban settings. An application can be made even if planning permission has already been granted.

Under the Commons Act 2006 the inhabitants of any locality need to demonstrate that a significant number of them have indulged ‘as of right’ in lawful sports and pastimes on the land for a period of at least 20 years. If they can do this and the use is continuing, the inhabitants will be able to apply for registration of the land as a TVG at any time. 

If the use has ceased, the inhabitants still have a two year window to make the application, except where the use ended before 6 April 2007 when the window is five years.

So although a site may seem abandoned and overgrown when sold, it could still, if it has been used for a qualifying TVG activity in the previous two (sometimes five) years, be registered – potentially leaving development land effectively worthless.

The TVG process is unpredictable and can last many months, if not years.  Even if an application is ultimately refused, the uncertainty, delay and associated costs may mean that a development is no longer viable.  

A Government review of non-planning consents by Adrian Penfold has included the system of village greens and the impact on development. Concerns were raised by contributors that TVG applications were sometimes being made solely as a means to frustrate developments that had already received planning permission. 

In the final report published this July one of Penfold’s recommendations is to review the operation of registration of TVGs in order to reduce the impact of the current system on developments that have received planning permission.

The Government will consider the recommendations and publish a formal response in the autumn.  There would be a consultation on any proposed changes so it will be some time yet before we see any reform of the system.

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