Reform to village greens to reduce burden on authorities, vows Defra

Government proposals to reform the “notoriously complex” laws relating to town and village greens could significantly reduce the burden on local authorities, the Department for Environment, Food and Rural Affairs has claimed.

Defra said there had been concern that some registration applications had “been used to hinder legitimate development of schools, health centres and other much needed services, even on brownfield land”.

The Department said there was evidence that a significant number of applications were associated with development proposals, and once registered, greens could not be developed, irrespective of any planning permission or allocation in a local plan.

Defra suggested a better balance might be struck “between protecting quality green spaces valued by local people and securing the new homes, jobs and essential infrastructure the country needs”.

The key proposals are:

• Streamlining the sifting of applications: "This proposal would enable registration authorities to reject applications at an early stage where insufficient evidence had been submitted or where there was strong evidence that the application could not meet the criteria for registration.
• Declarations by landowners: “Landowners would be given the opportunity to make a statutory declaration to negate any evidence of use of a claimed green during the period while the declaration remained in effect”
• Character: “New legislation would add a ‘character’ test to the existing criteria for the registration as a green. Only land which is unenclosed, open and uncultivated would be eligible for registration”
• Integration with local and neighbourhood planning: “This proposal would take decisions on the future of sites into the planning system. It would prevent registration of land which was subject to a planning application or permission for development of the site, or which was designated for development or as a green space in a local or neighbourhood plan”
• Charging fees: “An applicant would be required to pay a fee when making an application. Legislation would allow each registration authority to set its own fee subject to a prescribed ceiling. It is not intended that the fee would allow for full cost recovery. Fees could be refundable if the application were granted.”

Defra claimed that the proposals could improve the operation of the current registration system, and reduce the burden on local authorities and landowners.

“We expect that the reforms will reduce the workload local authorities to deal more speedily with applications for sites which remain eligible," it said. "Changes to the existing registration system may also encourage landowners to provide new sites for access."

The Department also claimed that the new Local Green Space designation would also ensure a strong level of protection for green areas and provide a sound basis to underpin the government’s greens reforms.

“Taken together – the new designation and the government’s proposals for a reformed, more rigorous greens registration system – will enable local communities to exercise greater control over decisions that make a significant difference to their lives,” it said.

The consultation lasts until 17 October 2011. Copies of the consultation document can be viewed here.

Philip Hoult