Anaya Nolan
The UK's green land laws are a set of regulations that govern the use and protection of natural spaces such as common land, village greens, and Green Belt areas. These laws aim to balance the interests of landowners and the public, allowing for recreational activities while preserving the natural environment. Green land laws are important for maintaining the character of rural areas and preventing urban sprawl, with local councils and organisations like the Open Spaces Society playing a key role in their protection and management. In recent years, there has been a focus on strengthening green land laws to protect against inappropriate development and safeguard these spaces for public health and wellbeing, especially in the context of the COVID-19 pandemic.
| Characteristics | Values |
|---|---|
| Purpose | To prevent urban sprawl and protect valuable green spaces |
| Land ownership | Local council, private owners, or the National Trust |
| Usage | Recreation, sports, walking, climbing, horse riding |
| Protection | Preventing development and misuse of land |
| Management | Informal collaboration or formal statutory commons council |
| Registration | Local councils maintain a 'Register of Common Land and Village Greens' |
| Changes | Advertised in local newspapers and signs; comments addressed to the Commons Team |
| Green Belt boundaries | Reviewed and altered by authorities when necessary |
| Development exceptions | Outdoor sports, recreation, affordable housing, building extensions |
| Grey belt land | Identified through a Green Belt assessment by authorities |
| Number of greens | Approximately 3650 in England and 220 in Wales |
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What You'll Learn
Common land and village greens
The protection and management of common land and village greens are crucial. The best way to safeguard these spaces is through registration, which provides legal protection. In England and Wales, there are approximately 3,650 and 220 registered greens, respectively, covering a significant number of acres. To register land as a green, an application must be submitted to the relevant authority, and it is essential to act promptly following any challenge to the use of the land by a landowner.
The Open Spaces Society is a valuable resource for those seeking to protect village greens. They offer expert advice and have published guidance on various aspects of village green registration and management. Additionally, local councils maintain a "Register of Common Land and Village Greens" for their respective areas, and planned changes to common land are typically advertised in local newspapers and through signage.
The management of common land can be achieved through informal collaboration between landowners and those with rights over the land, ensuring proper maintenance and grazing control. Alternatively, a more formal approach involves establishing a statutory commons council, where stakeholders make legally binding decisions through voting. This council's structure includes stakeholders with decision-making authority, and their choices are legally binding.
The preservation and responsible management of common land and village greens are essential to ensure that the public can continue to enjoy these spaces for recreation and leisure activities. By working together and following established guidelines, landowners and local communities can protect these valuable green spaces for current and future generations.
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The right to roam
In England and Wales, the right to roam is mapped by land type, which has resulted in a fragmented pattern of accessible areas that are often difficult to get to and through. Some places have only one point of access, and others are not connected to public footpaths or roads, making it challenging for people to fully exercise their right to roam. To address these issues, organisations like the Ramblers are calling for better connectivity and clearer access points, such as including them on maps and improving signposting.
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Protecting Green Belt land
Green belt land in the UK is a planning tool used to prevent urban sprawl by keeping land permanently open. The idea of protecting land around cities to control growth is not unique to the UK, with various other countries adopting similar policies. However, green belts are a long-standing and central part of the UK's national planning system, covering around 12.6% of England's land.
The National Planning Policy Framework (NPPF) provides guidance on protecting green belt land. It states that development on green belt land is inappropriate unless specific exceptions apply, such as providing appropriate facilities for outdoor sports or recreation, extending or altering buildings without disproportionate additions, or replacing a building with one of the same use and similar size. Even in these cases, the facilities must preserve the openness of the green belt and not conflict with its purposes.
When reviewing and altering green belt boundaries, authorities should prioritise previously developed land, then consider grey belt land, and finally, other green belt locations. Grey belt land refers to previously developed land or any other land that does not strongly contribute to the purposes of preserving openness and permanence. The NPPF sets out conditions under which development on grey belt land would not be inappropriate.
To protect green belt land, strategic policy-making authorities should fully examine all reasonable options before concluding that exceptional circumstances justify changes to green belt boundaries. This includes considering the optimisation of development density, discussions with neighbouring authorities, and making use of suitable brownfield sites and underutilised land.
The protection of green belt land is essential for maintaining biodiversity, regulating temperatures, reducing flood risk, and improving air and water quality. It also helps preserve the countryside, maintain the character of towns and villages, and provide recreational spaces for the public. However, critics argue that green belts have contributed to housing shortages and longer commutes by pushing development further out.
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Registering land as a green
In the UK, common land, village greens, and town greens are protected by law and have certain characteristics. Common land is typically owned by a local council, privately, or by the National Trust, and the public usually has the right to roam on it for activities like walking, climbing, horse riding, sports, and recreation. Village and town greens are often used for sports and recreation, such as playing football or walking dogs.
The registration of land as a green falls under the Commons Act 2006, which has been amended by the Growth and Infrastructure Act 2013. These laws outline the process for registering land as a town or village green and include provisions for landowner statements and the prevention of registration under certain circumstances.
To register land as a town or village green, an application must be submitted to the relevant top-tier local authority, such as a county council or metropolitan borough. The application process may vary depending on the specific circumstances and location of the land. It is important to note that trigger and terminating events, as outlined in Schedule 1A of the 2006 Act, may impact the eligibility of land for registration as a green. These events are typically related to the potential development of the land.
The management of common land and village greens must consider the interests of both the owner and the 'commoners,' who have rights over the land but do not own it. This management can be done informally, through collaboration between landowners and rights holders, or formally, by establishing a statutory commons council where stakeholders can vote on binding decisions.
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The role of local councils
One of the key responsibilities of local councils is to maintain a "Register of Common Land and Village Greens" for their respective areas. This register provides information on designated common land and village greens, which are often owned by local councils, private entities, or organisations like the National Trust. These spaces are typically open for public use, with rights to roam, walk, climb, or engage in recreational activities.
Local councils play a vital role in balancing the interests of landowners and "commoners" (those with rights over the land but without ownership). This can be achieved through informal collaboration between landowners and commoners or by establishing a statutory commons council, where stakeholders vote on binding decisions regarding the management of common land.
In addition, local councils have the power to propose and review changes to common land and village greens. Any planned alterations or developments are advertised in local newspapers and through signage around the affected areas. The public can provide feedback and comments on these applications, ensuring their voices are heard in the decision-making process.
Furthermore, local councils are encouraged to proactively protect and care for village greens within their jurisdictions. This includes promoting the voluntary registration of open spaces as town or village greens (TVG) to preserve them for public benefit. Councils also play a role in enforcing rules regarding vehicular access to common land and village greens, ensuring that these spaces are utilised for their intended purposes.
Overall, local councils are essential in safeguarding green spaces and ensuring their accessibility and enjoyment by the public. Their role extends beyond mere administration to include active preservation and promotion of environmental well-being for local communities.
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Frequently asked questions
A village green is any land on which a significant number of inhabitants of any area have indulged in lawful sports and pastimes, for 20 years, as of right. There are about 3650 registered greens in England and about 220 in Wales.
Common land is land that is owned, for example, by a local council, privately, or by the National Trust. You usually have the right to roam on it and use it for certain activities like walking and climbing.
The Green Belt is land that is protected by the government to prevent urban sprawl and valuable green space from being damaged or lost. It is more difficult to obtain planning permission for development on Green Belt land. Boundaries can be reviewed and altered but this is only done in exceptional circumstances.
