Common land and town or village greens

The Commons Registration Act 1965 (CRA 1965) provides for the registration of land in England or Wales. 

 

Registering land as town or village green

Section 15 of the Commons Act 2006, allows for the registration of new town or village greens. Anyone may apply to us to add land to the Register of Town or Village Greens. Under Section 15 (1), land can become Town or Village Green, through 20 years use as of right by the;

  • inhabitants of the locality
  • of a neighbourhood within the locality.

'As of right' means without force, secrecy or permission and without the use being challenged in any way.  The locality should be a legally recognised entity such as a civil parish. A neighbourhood does not need to be a legally recognised area but, it should be more than just a line on the map. 

The Growth and Infrastructure Act 2013 has made a number of major changes to the law, on registering new town and village greens under the Commons Act 2006.

Section 16 of the 2013 Act inserted new Section 15C and Schedule 1A into the 2006 Act. They exclude the right to apply for the registration of land in England, as a town or village green. Where a trigger event has occurred in relation to the land. The right to apply for registration of the land as a green remains excluded, unless and until a terminating event occurs in relation to the land. 

The period of grace, where recreational use of the land as of right has ceased before an application was made has been reduced from three years to one year;

Under Section 15 (8) a landowner can apply to voluntarily register part of his/her land as a Town or Village Green. Apply using Form 44, or contact:

Rights of Way & Access
Planning and Environment
County Hall
Walton Street
Aylesbury
HP20 1UY

01296 395000

We maintain the register and process common land and village green searches. A Common Land/Village Green search will identify, Common Land and Village Green registered over a particular area of land that you are interested in.

Request a Common Land and Village Green search - £11.84

Request a copy of the Common Land and Village Green register - £31.92

From the 1 April 2019, additional questions not included on the Con29 form will be £7.92 per question.

Corrective Applications under Part 1 of the Commons Act 2006

As of 1st April 2018 applications can be made under section 19(2)(a),  paragraphs 6-9 of Schedule 2 of the Commons Act 2006. This is to correct mistakes made in the Common Land and/or the Town or Village Green Registers. This will allow for the removal of buildings/land that was incorrectly registered. Evidence will need to be submitted with the application to show why it is believed a mistake has been made.

Where a landowner considers that the mistake was made by Buckinghamshire County Council as the Commons Registration Authority (CRA). Applications should be made under section 19(2)(a) Commons Act 2006. These are free of charge.

Where the considered mistake has been made by another party, not the CRA. Then an application should be made under paragraphs 6-9 of Schedule 2 Commons Act 2006. There is a two-stage fee applicable.

  • Initial payment of £1,531.80 to be received with the application. If there are no objections/representations received, then no further payment will be required.
  • If objections/representations are received from parties with a legal interest in the land or if the County Council has an interest in the land. This will be referred to the Secretary of State either by a Public Hearing or a Public Inquiry. A further fee of £1,188.20 will need to be paid and alongside that, the Secretary of State will charge for their time

Or

  • If objections/representations are received from any other party, then the County Council will hold a non-statutory Public Inquiry. A further fee of £1,251.86 will need to be paid, and additional to that any independent inspector/barrister fees that are incurred. An estimate of costs will be presented to you and this will need to be paid prior to an Inquiry being organised.

DEFRA to those considering making an application with all of the relevant application forms listed.

 

Access land

The Countryside and Rights of Way Act 2000 gives people new rights to walk on areas of open country and registered common land. For further information, visit the Countryside Access .

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