Government consults on further reforms to right to apply for TVG status

The Government is to consult on additional trigger and terminating events affecting the right to apply for a designation of a town and village green.

The joint consultation by the Department for Communities and Local Government and the Department for Environment, Food & Rural Affairs involves proposed amendments to the Commons Act 2006, which sets out the circumstances in which applications can be made to the relevant commons registration authority to register land as a TVG.

The consultation concerns s. 16 of the Growth and Infrastructure Act 2013, which inserted a new s. 16C and linked Schedule 1A into the 2006 Act.

The effect of these new provisions is that the right to make an application for TVG registration under s. 15(1) in relation to land ceases to apply:

• Where an application for planning permission is first publicised – the exclusion remains in place while the decision is still to be made or if permission is granted;
• In respect of applications for development consent under the Planning Act 2008 (Nationally Significant Infrastructure Projects); and
• For land identified for potential development in local and neighbourhood plans, including draft plans.

The right to make an application is excluded when any of the ‘trigger’ events in Schedule 1A occur in relation to the land in question, and becomes exercisable again only if the corresponding ‘terminating’ events occur.

The consultation paper covers Schedule 1A and proposes that the regime should be extended to cover local development orders, Neighbourhood Development Orders and orders under the Transport & Works Act 1992.

“Extending protection to these matters is proposed as a precautionary measure to prevent possible town and village green applications that might otherwise be made to try to stop or delay development that is either proposed or already permitted under these regimes,” Defra and the DCLG said.

“Where town and village green applications would be avoided if our proposals were to be enacted, we would expect that the savings for commons registration authorities, local planning authorities, landowners and developers could be significant – including the avoidance of costly delays to development.”

More information on the consultation can be found here. The deadline for responses is 19 August. A draft order is expected to be laid later in 2013.

Related courses on

Name	Price (ex-VAT)		Description
Town and Village Greens Update	£50.00 £25.00 You Save: 50.00%		The Growth and Infrastructure Act 2013 seeks to restrict Town and Village Green applications being made to frustrate development, but the legislation and case law governing the grant of Town and Village Green status remains highly complex and contentious.