Releasing common land and town or village greens

The Department for Environment Food and Rural Affairs (DEFRA) has published guidance setting out its policy on granting consent to works on common land and on the release of land from registration as a common or town or village green (TVG). The guidance applies to England only.

The aims are:

• That the stock of common land and TVGs is not diminished. If land ceases to be registered, then land of at least equal benefit must be registered instead. The Commons Act 2006 requires exchange land where the land to be lost exceeds 200 square metres. But the guidance indicates that the Secretary of State will require exchange land to be given where any land is de-registered.
• That works only take place on commons if they maintain or improve the condition of the common for public interests, or its value in the local community.
• That use of any land registered as a common or TVG is consistent with that status.

The guidance sets out the criteria that the Secretary of State will apply to applications, the matters to be taken into account and detailed policy considerations for specific issues. These include exchange land, works on commons and applications with underlying public benefit (e.g. wind farms).

This analysis was written by Jan Hebblethwaite, associate in Wragge & Co's Real Estate group.

Overage triggered by seller, Contract – rectification, Sale with vacant possession, Mortgage fraud and Planning. Wragge & Co's real estate experts bring you the latest property law issues.