Land subject to certain statutory development orders or identified for potential development in draft local plan policies would be protected from applications for registration as a town or village green under proposals unveiled in a joint consultation by the Department for Communities and Local Government (DCLG) and the Department for Environment, Food and Rural Affairs (Defra) that closes on 19 August.
The Growth and Infrastructure Act 2013 introduced provisions which end the right to make a town or village green (TVG) application in respect of land which is subject to a planning application or subject to an application for a Development Consent Order and in respect of land identified in local and neighbourhood plans, including draft plans.
The administration now proposes to extend the regime to cover land subject to a Local Development Order (LDO); a Neighbourhood Development Order (NDO) or a Transport and Works Act Order (TWAO).
These proposals are now the subject of a joint consultation exercise by the Department for Communities and Local Government and the Department for Environment, Food and Rural Affairs.
The departments said that “the saving for commons registration authorities, local planning authorities, landowners and developers could be significant – including the avoidance of costly delays to development”.
The consultation sets out details of proposed trigger events for when the right to make a TVG application ceases and terminating events for when the right becomes exercisable again.
Meanwhile, in a separate but related development, the charity The Open Spaces Society has urged greater protection for common land in England and Wales.
The charity has called on the Government and the devolved administration to implement part 1 of the Commons Act 2006, to enable the common-land registers to be updated throughout both England and Wales.
It has also argued that local authorities should have a duty to take action against unlawful works on commons, as they do for obstructions on public paths.
The society also wants a 40-mph speed limit on all unfenced roads across commons to protect livestock and the landscape.
See the consultation at: LINK
Search Planning Portal: LINK
