PLANNING SANITY HERE |
 HELP US HELP YOU our work relies upon your donations and subscriptions to survive |
A DONATION TO PLANNING SANITY HERE |
Planning Sanity |
HOME PAGE |
HELPLINE 0871 750 3992 Calls 10p per minute |
OTHER
FORUMS | Legal Notice |
|
|
| The following colour scheme applies to docs on this site | Word Docs | PDF Docs | HTML Docs |
The form cannot be completed online therefore we must complete the form by hand using the following information, adding such other info as required (for instance details of the applicants. Our comments which are NOT to be included are written in RED
First section leave blank this is for official use by the registration authority.
Section 1
Name and Address of Registration Authority
Section 2
Set out names, addresses, phone and email of each applicant - use a sheet of paper if need be and attach to application form but put a note into the box referencing to the note i.e see attached note - There is no reason why you cannot have more than one applicant.
Section 3
SECTION 3 LEAVE BLANK
Section 4
It is important that yopu get this bit right, if there is any possibility that the landowner will get wind of the application before you submit it then you should use the third box headed Section 15(3). The reason why we choose this section is that it enables us to backdate the application by two years, just in case the land owner puts up a notice prohibiting access before the application is submitted.
In the box headed “If section 15(3) or (4) is used”
Put here the date counted back by two years
Leave box headed 15(6) empty
Section 5
Box 1 put the correct name of the village green
Box 2
Set out the correct address and/or grid references of the village green
Box 3
Leave third box empty that refers to Commons Registration Number
Section 6
It is very important that you get this right you must think very hard about what you consider is he right locality, or neighbourhood, it must have some cohesion and not simply be a line on a map. Also if the locality has a name also put that here, then put a tick in the box that says map attached.
Section 7
Put something along the following lines
The land has been used by the inhabitants of the locality as described and set out in Section 6 above for a period of 20 years from the ----first date..... until the ....second date...... (and continues to do so) for lawful sports and pastimes, which are set out in greater detail within the accompanying statement (Appendix D) and supporting evidence, as of right, and in the believe that the land was and is a village green for the purposes of prescription obtained at Common Law and of the relevant Act and Regulations.
A significant number of the inhabitants both past and present have used the village green for a range of sports and pastimes which are set out in brief within the Schedule attached at Appendix F to this application, further a number of local clubs and organisations have also used the village green for formal and informal sports and leisure activities many of the members of whom also live within the locality set out in Section 6 above.
The Applicants and others will and do aver that they have used the land as a village as of right without let or hindrance, except to the extent set out in the accompanying statement of support (Appendix D).
In relation to the locality then reference should be had to the comments of Lord Hoffman in Oxfordshire County Council v Oxford City Council where he stated that locality should be viewed as localities, and therefore where the catchment zone of the locality appears to refer to more than one defined locality then it should and does intend to be a reference to localities.
As such the Applicants believe that all relevant criteria required to be demonstrated in order for the land to be entered in the register of village green has been met.
It is very important that this statement as I set it out is included within Section 7 not on a separate sheet
Section 8
Put address of land owner if known
Section 9
Leave Empty
Section 10
See attached list of supporting documents Appendix A Section 2
Set out a list of all supporting documents on a separate sheet and head it Appendix A
Section 11
Set out here a list of anyone who you think might have an interest in the land, such as owners, and those who lease etc.
The Applicants should then sign and date the form, it needs all applicants to sign the form.
One applicant should then take the Statutory Declaration to a local solicitor and get it signed attach the appendixes with the maps to the statutory declaration and mark the top of the maps like this:-
This is Exhibit A the map depicting the boundary of the Village Green
This is Exhibit B the map depicting the boundaries of the locality(ies) of the Village Green
This is Exhibit C (name any other appendixes etc. each document or series of documents being a new exhibit and therefore a new line here)
All of the witness statements (one for each applicant) (as opposed to letters of support) should be set out in the following format
Commons Act 2006
Application to Register Land as a Village Green Under Section 15(1)
.....full name and address of village green.......
WITNESS STATEMENT OF
.....name of witness making statement.....
I .... name of person making statement .... of ......address of person making statement ..... make the following statement in support of the application to register the land known as ..... name of village green ..... as a village green.
I believe that the contents of this statement is to the best of my knowledge and believe a true statement of the facts therein set out.
Signature ......................................................... date
Name of person signing
SAMPLE APPENDIX A WHICH IS ALL ADDITIONAL INFO REQUIRED TO BE INCLUDED WITHIN THE FORM BUT CANNOT FOR SPACE REASONS
APPENDIX A
VILLAGE GREEN REGISTRATION
NAME AND ADDRESS OF VILLAGE GREEN
INFORMATION NOTES FOR INCLUSION IN FORM 44
Other suggested exhibits
Exhibit D: Schedule of broad use of village green
Exhibit E: Schedule of clubs and organisations believed to use or have used the village green during the qualifying period
Exhibit F: Schedule of uses of village green during qualifying period
Exhibit G: Witness and other statements of support
Other statements and letters of support
Letter 1
Letter 2
Planning Sanity - August 2006 (can be freely used by local communities within their campaigns. Publication by third parties is permitted providing acknowledgment of Planning Sanity is given)
| Top of Page |