Town and village greens and commons

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Declaratory relief of planning decisions

A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but...

Grounds of appeal—introducing new evidence

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

Planning conditions—the six tests

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...

Section 215 notice requiring maintenance of land

IntroductionThe purpose of section 215 of the Town and Country Planning Act 1990 (TCPA 1990) is to give a local planning authority (LPA) power to take...

Practice notes

Operational development

Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...

9th Nov

Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov

Practice notes

Costs for judicial review—general principles

General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov

Practice notes

Material change of use

Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...

9th Nov

Practice notes

Oversailing

TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....

9th Nov

Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...

9th Nov

Brexit

Practice notes

Defining the planning unit

Why is it important to establish the planning unit?Planning permission is required where there has been a material change of use (see Practice Note:...

9th Nov

Practice notes

Permission to appeal—the application

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

9th Nov

Practice notes

Highways—ownership and creation

Meaning of ‘highway’In the broadest sense, a highway is a way (ie a defined route, such as a road, bridleway or footpath) over which the public have...

9th Nov

Practice notes

Keeping planning permission alive

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...

9th Nov

Practice notes

Overview of the EU legal system

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Laura Bolado 9th Nov

Brexit

Practice notes

Presumption in favour of sustainable development

Policy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published on 27 March 2012, taking immediate effect. It...

9th Nov

Practice notes

Local Development Orders

What is a Local Development Order (LDO)?An LDO is a local development order, made at local authority level by a local planning authority (LPA). Once...

9th Nov

Practice notes

Purchase notices

What is a purchase notice?The purchase notice procedure provides landowners with a means of having land acquired by a local planning authority (LPA)...

9th Nov

Practice notes

Compulsory purchase—compensation

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...

Produced in partnership with Stephen Morgan of Landmark Chambers 9th Nov

Most recent Town and village greens and commons content

Practice notes

Town and village greens—making an application to register a TVG

Registration authoritiesApplications for registration of a town and village green (TVG) are made to the registration authority for the area of land...

Produced in partnership with Stephen Morgan of Landmark Chambers 5th Nov

Q&As

Is a right of common for grazing, registered under the Commons Registration Act 1965, extinguished in relation to land which has been surfaced with tarmac and is now used as a car park?

The procedure for extinguishing/varying/reallocating rights of common differs depending on whether or not the land lies within one of the pilot...

29th Sep

Q&As

What rights does a local authority have to grant an easement for vehicular access over a village green to a developer and what procedure does the local authority have to follow?

Land usually becomes a village green because it has been used for sports or pastimes ‘as of right’ for not less than 20 years.Where in relation to...

Produced in partnership with Helen Galley of XXIV Old Buildings 29th Sep

Q&As

If an application to register common land within a pioneer area is made under paragraph 2 of Schedule 2 to the Commons Act 2006, can the relevant Registration Authority refuse to register as common land any parts of the land subject to the application that are public highway?

The Commons Act 2006 (CoA 2006) introduced an updated regime for the registration and management of common land and town and village greens.Once CoA...

Produced in partnership with Emily Knowles of Sharpe Pritchard 29th Sep

Q&As

Can new land still be registered as common land under the Commons Registration Act 1965 in a non-pioneer area?

There are two legal frameworks applying to the registration of common land in England and Wales....

Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 29th Sep

Q&As

If a landowner has made a landowner statement under section 15A of the Commons Act 2006 and then sells the property, does the purchaser need to make another landowner statement or will the previous one still have effect?

Under section 15A of the Commons Act 2006 (CoA 2006), landowners have the ability to deposit landowner statements with the Commons Registration...

Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 28th Sep

Practice notes

Town and village greens—registration, rectification, correction and deregistration

This Practice Note deals with amendments to the register of town and village greens (TVGs) by way of correction, rectification and deregistration in...

27th Sep

Practice notes

Common land and regulation of works

Importance of common landDefra guidance advises that common land can deliver a range of benefits including:•economic—grazing livestock, employment and...

26th Sep

Practice notes

Creation and registration of common land

What is common land?The term ‘common land’ usually includes all land which is subject to rights of common, ie the rights which one or more ‘commoners’...

26th Sep

Practice notes

What is a town or village green?

The existence of a town or village green (TVG) may restrict or even prevent development. It is a criminal offence to disturb or interfere with the use...

26th Sep

Practice notes