Commons Act 2006 has made it easier; in association with bhp law SOPHIE HUNTER of BHP Law revisits the humble village green - a potential battleground for land owners and defenders of the open space.

Byline: SOPHIE HUNTER

WE RECENTLY considered the issue of how the Commons Act 2006 has made it easier for applicants to register land as a town or village green (TVG) and what happens when applications are disputed.

It is a criminal offence to interfere with the use or enjoyment of a TVG and registration applications are increasingly being used as a tool by those seeking to oppose land development.

This week we are considering the issue from the perspective of the land owner.

Once an application to register land as a TVG has been made, the onus is on the landowner to disprove claims that the land has been used by local people as of right for recreational purposes for more than 20 years.

The landowner must show that the land has been used without permission.

It is, therefore, important for landowners wishing to preserve a site for potential development to make sure that any use of the land is clearly enjoyed only with permission.

This may involve putting up signs which state that any access is permitted by the landowner but that permission may be withdrawn at any time.

The signs should be checked regularly to ensure that they remain visible and legible to anybody who might use the land.

Similarly, fences could be put up to prevent access.

Indeed, this may be the only answer if land has been used for recreational purposes for more than 20 years.

In those circumstances, the landowner would have to consider effectively preventing the access for recreation for at least two years before development of the site could be considered.

Landowners should also be mindful of inadvertently allowing the grant of rights of way across their land and should consider providing the local authority with maps of their land holding, indicating which paths and routes can be used by the public.

This should be followed up every ten years by a formal declaration that no additional pathways or routes have been dedicated for public use.

Many lobby groups have lamented the fact that the legislation, which regulates the position, does not allow a procedure for landowners to register a TVG obstruction notice, which would allow them to open up their land for recreational use pending development.

It seems that an opportunity has been missed to make land at least temporarily available for such purposes until it is ripe for development.

Sonia Hunter is a Partner at BHP Law and a specialist in land development. She can be contacted on 01325 466794.

A landowner would have to consider preventing access for recreation for at least two years before development of the site could be considered