17th December 2013
Walker Morris has reported extensively on the Growth and Infrastructure Act 2013, which amended the Commons Act 2006 to prevent registration of land as a town or village green (so as to preclude development) once a ‘trigger event’ occurs. Under the 2013 Act, the right to apply for registration of land as a TVG only becomes exercisable again if and when a corresponding ‘terminating event’ occurs.
Earlier this year the Government consulted on proposals to amend trigger and terminating events to introduce a long-stop date in respect of some existing events and to add further trigger events (and corresponding terminating events) to increase the circumstances in which TVG registration will be prevented. Developers and landowners may be pleased to learn that the Government has now concluded that it intends to take forward all of its proposals, which are intended to strike a balance between encouraging responsible and sustainable development on one hand and protecting genuine TVGs on the other.