The document assesses the impact of the proposed amendments to the provisions for the registration of town and village greens.
Section 15 of the Commons Act 2006 sets out the circumstances in which applications can be made to commons registration authorities to register land as a town or village green. The Growth and Infrastructure Act 2013 includes provisions that reform aspects of the system for making such applications. Section 16 inserts a new section 15C and Schedule 1A into the Commons Act. Their effect is that the right to apply to register land as a town or village green ceases to apply where a ‘trigger’ event related to the development of the land occurs, and becomes exercisable again if a corresponding ‘terminating’ event occurs.
The Commons Act as now amended also gives the Secretary of State power, subject to a resolution of each House of Parliament, to amend Schedule 1A including by adding new trigger and terminating events. During the Parliamentary stages of the Growth and Infrastructure Act we announced the government’s intention to include certain additional trigger and terminating events in Schedule 1A.
The new events are intended to:
(a) ensure that the exclusion on town and village green applications lifts in relation to draft local and neighbourhood plans in circumstances where development ceases to be proposed and
(b) protect development proposed or permitted by virtue of three matters not already included in Schedule 1A, namely in relation to Local Development Orders, Neighbourhood Development Orders and orders under the Transport and Works Act 1992