Registering New Village Greens

Background to Registrations

The initial closing date for registering town or village greens and common land under the Commons Registration Act, 1965 was 2 January, 1970, although Commons Registration Authorities could register land themselves up to 31 July, 1970.

Failure to register land as a town or village green or as common land by the above dates meant that the land was no longer a town or village green or common land for registration purposes. However, since 1 August, 1990, it has been possible to register new village greens under what is known as the 'twenty year rule'. This is possible because one of the definitions of 'Village Green' within the 1965 Act (as amended) is "Land on which for not less than twenty years the inhabitants of any locality, or of any neighbourhood within a locality, have indulged in lawful sports and pastimes as of right and either continue to do so, or have ceased to do so for not more than such period as may be prescribed, or determined in accordance with prescribed provisions" (to be made by the Secretary of State). The twenty years must run from some point after the registers closed in 1970, so the earliest date on which a green could be registered under the twenty year rule provisions would be August, 1990.

However, Section 15 of the Commons Act 2006 changed the legal definition of a town or village green and it sets out the qualifiying circumstances in which land may be newly registered. The new measures were introduced in the Commons (Registration of Town or Village Green)(Interim Arrangements) (England) Regulations 2007 and came into force on 6 April 2007

Why Register Land as a Town or Village Green?

The effect of registration of land as a town or village green may be that the land is protected. Town or village greens registered under the twenty year rule enjoy the same level of protection as ancient or statutory greens. In many cases, applications to register land as a town or village green are made by local residents in an attempt to protect land, e.g. from encroachment or enclosure.

Qualifying Criteria for registration?

In preparation for your application you will need to assess whether the recreational use of the land by local people meets the strict test for registration. Your application must show that use of the land meets one of the criteria set out in sections 15(2), 15(3) or 15(4). These criteria are alternatives, so you will need to see which one of them (if any) applies to your particular circumstances.

Whether you apply under section 15(2), 15(3) or 15(4), your application must show that a significant number of local people have indulged in lawful sports or pastimes 'as of right' on the land for at least 20 years. These requirements reflect the ancient law of custom, where such a pattern of use created presumption that the local inhabitants had established recreational rights over the land. You should look very carefully at the criteria for registration. It will help your case if you are able to find a range of witnesses who can provide detailed statments about the qualifying use of the land.

The required evidence of use is as follows:

"Inhabitants of any locality, or of any neighbourhood within a locality"

The use must be predominantly by people who live in a particular community or specific geographical area. The criteria require that a significant number of the inhabitants have induged in lawful sports and pastimes on the land. In the 'McAlpine Homes' case the High Court provided some useful guidance about what 'a significant number' might mean. The court did not accept that 'significant' in this context would mean a considerable or substantial number but that the number of people using the land had to be sufficient to signify that the land was in general use by the local community.

"Lawful sports and pastimes"

This would include playing of organised games such as football, rounders or cricket by local people, picnics, fetes, and bonfires, but can also include activities such as walking the dog, blackberrying, sledging, birdwatching, etc.

"As of right"

Use of the land by local people must be without force, without permission, be carried out openly and without interruption over the twenty year qualifying period.

"Twenty Years"

The use of the land for lawful sports and pastimes must have occurred for a period of at least twenty years and continues at the date of application. Where the cessation of use occurred after the commencement of Section 15 of the 2006 Act on 6 April 2007, the application is made within a period of 2 years beginning with the cessation of use. Where cessation of use occurred before 6 April 2007, the application must be made within the period of five years beginning with the cessation of use.

How do I register land as Town or Village Green?

You can apply to register land as a new town or village green by contacting us for the application form and guidance notes. Please telephone Barry Charlton on tel: 0191 383 4916.

Alternatively, you can fax us on tel: 0191 383 4206, or email us at Corporate Services.

You will need to send us as much evidence of use of land as possible.

For further information about registering new town or village greens you may find it helpful to contact the Open Spaces Society. Please note that clicking on this link will go to their website - to return here, please press the 'Back button in your browser.

What happens when we receive an application to register a new Town or Village Green?

When we receive an application to register a new town or village green, we check the application form to make sure it has been correctly filled in and signed. We give the application a unique reference number and will write to tell you that we have received the application. We will then consider the evidence you have sent us. If there are problems with the form or with the evidence you sent, we may write to you seeking further information or evidence. After this, if we consider that there is enough evidence, we will then advertise the application in the local newspaper and on site if possible. We will also write to the landowner and anyone else who might be interested in the land or in the application. Any person can object to an application.

At the end of the objection period of six weeks, we will then consider the application again. If the application is straightforward and there have not been any objections, it may be considered by a Panel of County Councillors, advised by the Acting Director, Corporate Services. The Panel may wish to visit the site and meet in the local area. However, if the application is very complicated, or there are a large number of objections, we may wish to ask an independent person (a solicitor or barrister) to provide a report on the evidence with a recommendation on what action the County Council should take on the application. If, at the end of this process the application is approved, the land will be entered in the registers of town or village greens.

Successful Applications

We have registered a number of new village greens since 1990, including greens at Low Pittington, Satley and The Hollow.