Farming Talk: Chance to protect land from green applications
As of October 1 last year, The Growth and Infrastructure Act 2013 enables landowners to protect their land against town and village green registration and also against deemed public rights of way.
Town and Village Green Orders, in recent years, have blighted many potential developments.
These range from small scale projects to large housing developments and the reviewed act provides some security for the landowners.
Landowners have previously been able to protect against the dedication of new public rights of way by depositing a s.31(6) Highways Act statement and map identifying any public rights of way crossing their land with the relevant county council.
Any application for presumed dedication of a new public right of way must show that the way has been used without interruption for a period of at least 20 years.
Once such a deposit has been made, any application for dedication would have to prove the 20-year period prior to that date.
Anyone can apply to register land as a town or village green where "a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, have indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years".
Landowners are now able to make a new, single deposit of CA16, with their local authority, which will protect the land which is in their ownership against the creation of new public rights of way and town and village greens.
Once the new combined deposit statement has been deposited, the local authority must publicise it for 60 days during which objections can be raised and the CA16 form should be reviewed and resubmitted every 20 years.
This means that the public are still able to use the land, but not to register it as a town or village green against the owner's wishes. It also prevents the need for blocking the access to it and putting up any No Entry signs.
Rural landowners need to be aware and should continue to look out for any signs which may indicate use of land for "sports or pastimes" by the general public and take advice on the actions that could be taken in order to protect both themselves and their land.
Sarah Hulland is a Chartered Surveyor with Halls
