Anyone can now access the summary of responses to last year's consultation on the reform of legislation for the registration of new town and village greens, via Defra's website:
As a result of this consultation, the government is now taking forward the main proposals requiring primary legislation, preventing new town or village green applications where planning permission has been granted or where a planning application has been publicised, and allowing landowners to make a statement and deposit a map with the relevant commons registration authority to the effect that their land may not be registered as a new town or village green from that point forward.
The proposed "character test", whereby land would have to be unenclosed, open and uncultivated to be eligible for registration as a new town or village green, is not being taken forward owing to concerns that this would impede the diversity of applications and impose an overly subjective test.
Despite this, if the Growth and Infrastructure Bill is implemented, as is expected by summer 2013, it will be much more difficult for new greens to be registered, and a flurry of applications before the proposed legislation comes into force looks likely.
by Amy Rogers, Associate