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Common Land and Town and Village Greens

We are the Registration Authority under the Commons Act 2006 and are responsible for holding and maintaining the registers for both common land and town or village greens.

 

Definition of Common Land

Common land is land, usually in private ownership, over which certain people have certain rights and on which certain restrictions have been placed.

The main features of common land are that it is generally open, unfenced and unimproved grassland.

The Countryside and Rights of Way Act 2000 permits public access to open countryside including access to common land.

Conclusive maps for all areas showing the land (including commons) to which the public have access, including the open access rights which are now in operation in all regions subject to any short or long term restrictions that may apply, are available from Natural England.

Rights of common land can include:

  • grazing sheep or cattle (herbage)
  • taking peat or turf (turbary)
  • taking wood, gorse or furze (estovers)
  • taking of fish (piscary)
  • eating of acorns or beechmast by pigs (pannage)

 

Registration of Town or Village Greens

Land can be registered as a green if it has been used by local people for recreation ‘as of right’ (i.e. without permission, force or secrecy) for at least 20 years.

For an application to succeed, the applicant must establish that the land in question comes entirely within the Commons Act 2006 definition, for instance:

  • 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
  • they continue to do so at the time of the application in accordance with section 15(2) or where they have ceased to do so the application must be made within the time specified in section 15(3) or 15(4)

 

Growth and Infrastructure Act 2013 - Effect on applications

Following the enactment of the Growth and Infrastructure Act 2013, it is now no longer possible to make a Village Green application in relation to land that is affected by, or has been identified for development. This does not affect any existing applications made before 25 April 2013.

Section 15C and Schedule 1A to the 2006 Act (inserted by the Growth and Infrastructure Act 2013) will exclude the right to make an application to register land under section 15(1) where a ‘trigger event’ has occurred in relation to that land. The right to apply will remain excluded until a corresponding ‘terminating event’ occurs in relation to that land.

The ‘trigger’ and ‘terminating event’ relate to the development of land within the planning system.

Download Schedule 1A of the Commons Act 2006 which describe these events below.

The Growth and Infrastructure Act 2013 makes other changes to the law on town and village greens in the Commons Act 2006, which will come into force later this year: The period of grace, where recreational use of the land as of right has ceased before an application was made, will be reduced to one year. New sections 15A and 15B introduce ‘landowner statements’ and the registers in which they will be recorded. Landowner statements bring an end to use as of right.

Before applying to register land as a green you must not only ensure that the land fulfils all the relevant criteria, but you must also check that the land has not been allocated for development. You can check this by contacting the local Planning Department on 0114 2039183 and the Planning Inspectorate on 0303 444500.

Anyone thinking of making an application which may be affected by the new provisions, is invited to discuss the application with us.

 

Apply to register a Town or Village Green

You must submit the following documentation to us:

  1. Completed application form - Form 44 (attached below)
  2. Statutory Declaration – attached to Form 44
  3. A map at least to a scale of 1:25,000 showing the following:
  • The area you wish to register by distinctive colouring so it can be clearly identified
  • The locality or neighbourhood in which those using the green ‘as of right’ live

Supporting evidence

You will need to show that a significant number of those people who use the land are local people.

You will need to show that those using the green have done so without permission, without being stopped or seeing notices which stop them, and without being secretive about it, and that between them they have done this for a continuous period of 20 years. An evidence questionnaire can be used to demonstrate this and can be downloaded from the Open Spaces Society.

There are no costs involved in applying, all documentation including supporting evidence must be submitted to the postal address.

The owner of land can also voluntarily register land as a village green (see guidance notes below).

We have administrative functions only. Information can be provided as to procedures, but where legal advice/interpretation of the law is required, independent legal advice must be obtained.

 

Registers

We are responsible for holding and maintaining the registers for both common land and town or village greens.

Each area of common land or town or village green is listed in these Registers under a unique number. Each number in the register is divided into three sections showing details of:

Land

A description of the land, when it was registered and who by. This section also includes the definitive map of common land and village greens.

Rights

A description of the rights of common (i.e. the right to graze 10 sheep, 2 cows etc.), over which area of the common they are exercisable and which property they are attached to.

Some town or village greens also have rights of common registered over them. Entries in this section of the registers are not held to be conclusive.

Ownership

Details of owners of common land. However, entries in this section of the registers are not held to be conclusive.

 

Location of the registers

View the Registers of Common Land and Town or Village Greens at:

Local Land Charges Service
Town Hall,
Pinstone Street,
Sheffield,
S1 2HH.

Mondays to Fridays (except public holidays) between the hours of 9:15am and 4pm by prior appointment.

Please contact the Local Land Charge Service.

 

Pending applications

Current pending applications are listed in the downloadable document below.

To view any pending applications, please contact us.

  • Modified: Nov 22, 2016 12:17:23 PM