Need representation at an inquiry or a formal written presentation to your planning or village green authority.
Planning Sanity may be able to help see our representation forum for more details. |
| The following colour scheme applies to docs on this site |
Word Docs | PDF Docs | HTML Docs |
VILLAGE GREEN FORMS & NOTES
Note: that these forms are to be superceeded in April 2007 when the new regulations come into force.
Note: This is the official form required to register a village green, including the notes.
For the form without the notes and heading suitable for printing and using to register your Village Green click HERE FOR THE FORM and click HERE FOR THE STATUTORY DECLARATION.
Village Green Application Form
Official Stamp of Registration
Authority indicating
date of receipt
This section for official use only
|
Application No:
Register Unit No(s):
VG
VG
|
|
COMMONS REGISTRATION ACT 1965, SECTION 13
APPLICATION FOR REGISTRATION OF LAND WHICH BECAME A TOWN OR VILLAGE GREEN AFTER 2ND JANUARY 1970
IMPORTANT NOTE: - Before filling in this form, read carefully the notes at the end. An incorrectly completed application form may have to be rejected.
1Insert name of
registration
authority
Part 1
(Give Christian names or
forenames and surname or, in the
case of a body corporate or
unincorporate, the full tide of
the body. If Part 2 is not
completed all correspondence
and notices will be sent to the
first named applicant.)
Part 2
(This part should be completed
only if a solicitor has been
instructed for the purposes of the
application. If it is completed, all
correspondence and notices will
be sent to the solicitor.)
Part 3
Part 4
Part 5
Part 6
Part 7
Part 8
Part 9
2The application must be signed
by or on behalf of each individual
applicant, and by the Secretary of
some other duly authorised officer
of any applicant which is a body
corporate or unincorporate.
|
To the1
Application is hereby made for the registration as a town of
village green of the land described below, which became so
registrable after 2nd January 1970.
Name and address of the applicant or (if more than
of one) of every applicant
Name and address of solicitor, if any.
Particulars of the land to be registered, ie. the land claimed to have become a town or village green
Name by which usually known
Locality
Colour on plan herewith
On what date did the land become a town or village green?
How did the land become a town or village green?
Name and address of every person the applicant
believes to be an owner, lessee, tenant or occupier of
any part of the land claimed to have become a town or
village green. (If none are known, write none.)
For application to register substituted land (see Note 5); to be disregarded in other cases.
Particulars of the "taken land", ie. the land which
ceased to be a town or village green (or part thereof)
when the land described in part 3 became a town or
village green (or part).
Name by which usually known
Locality
Colour on plan herewith (if any)
If registered under the 1965 Act, register unit No(s).
List of supporting documents sent herewith, if any. (if none are sent, write "none".)
If there are any other facts relating to the application
which ought to be brought to the attention of the
registration authority (in particular if any person
interested in the land is believed to dispute the claim
that it has become a town or village green) full
particulars should be given here.
Signatures2
........................................
........................................
........................................
........................................
|
STATUTORY DECLARATION IN SUPPORT
(see note 9)
To be made by the applicant, or by one of the applicants, or by his or their solicitor, or, if the applicant is a body corporate or unincorporate, by its solicitor or by the person who signed the application.
1Insert full name
(and address if not
given in the
application form)
2Delete and adapt
as necessary.
3Insert name if
applicable
4Insert marking as
on plan.
5Delete this paragraph
if there is no plans
referred to in part 7.
|
I1,
solemnly and sincerely declare as follows:-
1.2 I am ((the person) (one of the persons) who (has) (have) signed the
foregoing application)) ((the solicitor to (the applicant)
(3 one of the applicants)).
2. I have read the Notes to the application form.
3. The facts set out in the application form are to the best of my
knowledge and belief fully and truly stated and I am not aware of any
fact which should be brought to the attention of the registration
authority as likely to affect its decision on this application, nor of any
other document relating to the matter other than those (if any)
mentioned in parts 8 and 9 of the application.
4. The plan now produced and shown to me marked 4
is the plan referred to in part 3 of the application.
5.5 The plan now produced and shown to me marked 4
the plan referred to in part 7 of the application.
And I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the Statutory Declarations Act 1835.
|
|
Declared by the said ....................................................................}
...................................................................................................}.....................................................
at ................................................................................................} Signature of Declarant
in the ....................................... of ..............................................}
this ..........................................day of ...........................19..........}
before me,
Signature ....................................................................................
Address ......................................................................................
...................................................................................................
Qualification .....................................................................................
----------------------------------------------------------------------------------------
REMINDER TO OFFICERS TAKING DECLARATION:
Please initial all alterations and mark any plans as an exhibit.
----------------------------------------------------------------------------------------
THIS IS A COPY OF THE OFFICIAL NOTES THAT ACCOMPANY THE REGULATIONS
1. Registration Authorities
The applicant should take care to submit his application to the correct registration
authority. This depends on the situation of the land which is claimed to have become a
town or village green. The registration authority for land in an administrative county is
the county council; for land in a county borough, it is the county borough council, and
for land in Greater London, it is the Greater London Council. For land in a metropolitan
district, it is the metropolitan district council. However if the land in question is partly in
the area of one registration authority and partly in that of another, the authorities may by
agreement have provided for one of them to be the registration authority for the whole of
the land. An applicant concerned with land lying close to the boundary of an
administrative area, or partly in one area and partly in another, should therefore enquire
whether such an agreement has been made and, if so, which is responsible for the land.
2. Who may apply for registration
An application for the registration of any land which has become a town or village green
after 2nd January 1970 may be made by any person.
3. No double registration
If the land is already registered under the Act, whether in the Register of Town or Village
Greens or in the separate Register of Common Land, and whether the registration is
provisional, final, or under section 13 of the Act (which relates to land becoming
common land or a town or village green after 2nd January 1970), an application for
registration cannot be entertained, but this does not prevent the submission of an
application later on, should the existing registration cease for any reason to be effective
(as, for example, by the land being removed from the register under section 13 or by a
provisional registration being cancelled or failing to achieve finality). If an earlier
registration is believed to exist a search of the register may be obtained by means of
C.R. Form 21 (a separate form must be used for each register).
4. Meaning of "town or village green"
"Town or village green" is defined in the Commons Registration Act 1965 as land -
(a) which has been allotted by or under any Act for the exercise or recreation of the
inhabitants of any locality, or
(b) on which the inhabitants of any locality have a customary right to indulge in
lawful sports and pastimes, or
(c) on which the inhabitants of any locality have indulged in such sports and
pastimes as of right for not less than twenty years.
While a town or village green can be subject to rights of common, it does not include
land which is registered as common land in the separate Register of Common Land
maintained under the Act. (There is a separate form available for applying for the
registration under the Act of land which became common land after 2nd January 1970).
"Land" includes land covered with water so that a town or village green can, for instance.
include a pond.
5. How land can become a town or village green
Land can become a town or village green after 2nd January 1970 in one of the following
ways: -
(1) By or under an Act of Parliament otherwise than as substituted land (as to
substituted land see category (4) below).
(2) By customary right established by judicial decision.
(3) By the actual use of the land by the local inhabitants of lawful sports and
pastimes as of right for not less than 20 years.
(4) By substitution or exchange for other land which has ceased to be a town or
village green under -
(a) sections 147 and 148 of the Inclosure Act 1846; or
(b) paragraph 1 1 of Schedule 1 to the Acquisition of Land (Authorisation
Procedure) Act 1946; or
(c) any other enactment providing, on the exchange of land, for the
transfer of rights, trusts or incidents attaching to the land given in
exchange from that land to the land taken in exchange and vice versa.
Land in category (4) is referred to in this form as "substituted land", and the land for
which it is substituted, and which has ceased to be a town or village green, is referred to
as "the taken land". If this application is accepted for registration, and the taken land is
registered in the Register of Town or Village Greens maintained by the same registration
authority, the taken land will be removed from the register automatically provided the
registration authority is satisfied as to the exact areas of both the substituted and the taken
land. No separate application in regard to the latter is necessary in such a case.
6. Land descriptions
In addition to the particulars asked for at part 3 of the form, a plan of the land claimed
have become a town or village green must accompany the application. The particulars in
part 3 are necessary to enable the registration authority to identify the land concerned, but
the main description of the land will be by means of the plan. This must be drawn to
scale, in ink or other permanent medium, and be on a scale of not less, or not
substantially less, than six inches to one mile. 1 must show the land by means of
distinctive colouring (a coloured edging inside the boundary will usually suffice) and it
must be marked as an exhibit to the statutory declaration (see Note 9 below). If the land
to be registered is substituted land (see Note 5 above), then a description of the taken land
must be given in Part 7, and a plan of this area, too may have to be provided. If the
taken land has already been registered under the Act (as it will have been in most cases)
and comprises the whole of the land in one or more register units, a plan is unnecessary
provided the register unit number(s) are quoted. If the taken lad has already been
registered under the Act (as it will have been in most cases) and comprises the whole of
the land in one or more register units, a plan in unnecessary provided the register unit
number(s) are quoted. If the taken land comprises only part of the land in a register unit
a plan may be dispensed with if the land can be described by reference to some physical
feature such as a road, river or railway; the description might, for example, read "The
land in register unit No .......... lying to the south of the road from A to B". Where this
method if not practicable, or the taken land is not registered under the Act, it must be
described by a plan which must confirm to the requirements mentioned above. Where
two plans accompany the application, a different colour should be used in each.
7. Grounds of application: evidence
In part 5 should be set out, as concisely as possible, a statement of the facts relied on to
show that the land became a town or village green on the date stated in Part 4; this date
must be after 2nd January 1970, otherwise the application cannot be entertained. The
statement should include particulars of every Act of Parliament, statutory order, order of
court, deed or other instrument, and of every act or event, which is material for the
purpose. The registration authority has power to call for such further evidence in support
of the application as it may reasonably require. If the land is substituted land (see Note 5
above) there should be included in part 5 particulars of the enactment and of the
compulsory purchase order, order of exchange or other instrument authorising the
exchange or substitution, and of the instrument (if any) under which the exchange or
substitution actually took place.
8. Supporting documents
The application must be accompanied by the original or (preferably) by a copy of
sufficient abstract of every document relating to the matter which the applicant has in his
possession or under his control, or of which he has a right to the production. The
following are examples of documents which, under this rule, may normally be expected
to be among the documents accompanying applications in the particular cases mentioned: -
(1) Where the land is stated to have become a town or village green by virtue of a
private or local Act or of a statutory instrument, the award. or other instrument
of allotment (if any) made thereunder.
(2) Where the land is stated to have become a town or village green by customary
right, an office copy of an order of a court of competent jurisdiction embodying
a declaration to that effect.
(3) Where the land is stated to have become a town or village green by the actual
use of the land by the local inhabitants for lawful sports and pastimes as of right
for not less than 20 years, and there is a declaration by a court of competent
jurisdiction to that effect, an office copy of the order embodying that
declaration.
(4) Where the land is stated to be substituted land (see Note 5 above), the original
or a duly authenticated copy (a) of the compulsory purchase order, order of
exchange or other instrument authorising the exchange or substitution, and (b)
of the instrument (if any) under which the exchange or substitution actually took
place.
The foregoing list is not exhaustive and in special cases the applicant may need to consult
the registration authority. Applicants are strongly recommended NOT to forward the
original of any deed of other private document. Applicants are strongly recommended
NOT to forward the original of any deed or other private document. Instead, a copy
should be supplied, preferably indorsed with a certificate signed by a solicitor that it has
been examined against the original. The applicant should indicate, either on the copy
itself or in part 8 of the application, as convenient, who has the original and where it may
be inspected. If any documents relating to the matter is believed to exist but, neither the
original not a coy can be produced, the fact should be mentioned in part 9 of the
application, where particulars of the missing document should be given and its
non-production accounted for.
9. Statutory Declaration
The statutory declaration must be made before a justice of the peace, commissioner for
oaths or notary public. The plan (or each plan) accompanying the application and
referred to in the statutory declaration must be marked as an exhibit and signed by the
officer taking the declaration (initialing is insufficient). A plan is marked by writing on
the face in ink as identifying symbol such as the letter 'A'. If there is more than one plan
a different identifying letter must be used for each. On the back of the plan should appear
these words:
This exhibit marked 'A' referred to in the statutory declaration of (name of
defendant) made this (date) 19 before me,
.......................................
(Signature and qualification)
10. Action by registration authority
The registration authority will on receipt of the application send an acknowledgment. If
this is not received within 10 days the applicant should communicate with the authority.
Unless the application has to be rejected after preliminary consideration, the registration
authority will give publicity to it and will consider it further in the light of any objections
which may be received. The applicant will be supplied with copies of all objections
which fall to be considered and will have an opportunity of answering them. Later, the
applicant will be informed whether the application has been accepted or rejected. If it is
accepted, the land will be registered as a town or village green, and the applicant will be
supplied with particulars of the registration. If it is rejected, the applicant will be notified
of the reasons for the rejection.
11. False Statements
The making of a false statement for the purposes of this application may render the maker
liable to prosecution.
© Planning Sanity - August 2008 (can be freely used by local communities within their campaigns.
Publication by third parties is permitted providing acknowledgment of Planning Sanity is given)
THIS CAMPAIGN IS FUNDED FROM YOUR DONATIONS - PLEASE GIVE GENEROUSLY
FUNDRAISING SECTION
