Town or village greens—property development
Produced in partnership with Stephen Morgan of Landmark Chambers
Town or village greens—property development

The following Property guidance note Produced in partnership with Stephen Morgan of Landmark Chambers provides comprehensive and up to date legal information covering:

  • Town or village greens—property development
  • Test for registration
  • Effect of registration
  • Use of applications to register land to impede development
  • Statutory bar on applications to register
  • Checking status of land and avoiding registration
  • Options for landowners to protect their position

Registration of land as a town or village green (TVG) can prevent its development and greatly restrict its use. Applications, even if ultimately unsuccessful, can delay and cast doubt on the delivery of development. Conscious of the implications of this on development, the government has brought into force restrictions on applications for registration where planning permission for development is applied for or the land is or allocated in development plans. These restrictions assist developers, but the dangers of TVG registration for land owners and developers still need to be taken into account. Additionally, objectors often employ additional or alternative mechanisms to impede development.

This Practice Note provides guidance for property buyers/developers in relation to TVGs. It covers:

  1. the test for registration

  2. the effect of registration of land as a TVG

  3. use of applications by objectors to prevent, deter or slow down development

  4. statutory bar on applications

  5. checking status of land and avoiding registration

For guidance on:

  1. what constitutes a TVG and the statutory criteria for registration, see Practice Note: What is a town or village green?

  2. the procedural requirements for making an application to register a TVG, see Practice Note: Town and village greens—making an application to register a TVG

  3. registration, rectification, correction and deregistration, see Practice Note: Town and village greens—registration, rectification, correction and deregistration

Test for registration

Unlike an application