Technicality Insufficient to Deregister Village Green
A recent ruling in which ‘village green’ status was withdrawn from an area of land in Dorset highlights the fact that the granting of village green status does not necessarily mean that the land will remain free from development in perpetuity.
The Government is determined to free up more land for development. To this end, guidance to be issued shortly will make it more difficult for a community to achieve registration of land as a village green and make it easier for developers to apply for such land to be deregistered.
However, all is not plain sailing for developers. A well-reported case in which
land in West Yorkshire that had been registered as a village green was ordered to be deregistered has now been overturned.
Deregistration was ordered originally because of a technicality in the registration. To qualify for village green status, the land in question has to have been used as a village green by a ‘significant number of inhabitants of a locality’. The developer had successfully argued that the users of the land came from two different villages, neither of which was of sufficient administrative stature to meet the necessary qualifying criteria.
This decision has now been overturned.
Obtaining planning permission if an area has been designated as a village green presents a considerable challenge. Contact us for assistance and advice on planning and property law matters.