Watch this space: Top 10 Tips on Town and Village Greens (TVGs) considerations
- Searches – Always ensure that local searches are submitted to see if there are any pending TVG registrations and check the expiry date. On expiry, process another search to see if any registrations have been applied for since the first search.
- Site Visits –Visit the development site on different occasions, to understand if the area is commonly used for activities by members of the public. By doing this, you can assess whether the land will likely be subject to a TVG registration.
- Research – Carry out due diligence into whether there have been any previous attempts to register the land which have failed might be attempted again.
- Landowner Statement – Consider submitting a Landowner Statement to the Local Planning Authority. This is a useful tool for Landowners to submit a statement with a map which will ‘stop the clock’ on the use of the land - another criteria for TVG registrations.
- Planning and Trigger Events – Ensure that planning is quickly sought to enable Trigger Events to be started, which will close the registration process. A Trigger Event could include a draft of the development plan.
- Watch out for Terminating Events – When a corresponding Terminating Event (this could be where the application is withdrawn or planning is refused) is completed which relates to the Trigger Event, be aware that this will open registrations being submitted again.
- Location, location, location – Is the development land used for general recreational activities? A recent Supreme Court case of TW Logistics Ltd v Essex County Council and another [2021] UKSC4 upheld the decision that a concrete working quayside is a TVG and shows that the land does not have to be a green space. Is the development in a pioneer area? If so, different rules apply.
- Be aware – TVG registrations can often be used as a delaying tactic for opposition to developments, therefore this could delay works beginning on site.
- Insurance – If there are any concerns that a TVG could be registered, and will delay the development, consider insurance for protection.
- Seek legal advice – Charles Russell Speechlys are able to assist with any issues relating to TVGs, so be sure to contact us if you require further assistance.
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