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.
Public Open Space as an Objection to Registering Greens
This question come up when local authorities hold land for recreational purposes in an attempt to scuttle registration applications.
This argument comes up frequently when the land is owned by local authorities in green objections to registration by that local authority. This is a very technical objection, which has never been finalised by the courts. The courts have made some comments but these are indecisive, there are then two arguments to this question, and as most of those looking to register village greens where a local authority are the land owner then this question must be looked at in detail.
When councils purchase land they do so under a number of different Acts, they also often hold land that they have purchased under the provisions of the Local Government Act 1972. They argue that if they have purchased it as Public Open Space, or it is held for that purpose then they do not have the right or power to prevent the public from using the land, and as such the usage is 'by right', as opposed to what is required to be proven in village green cases 'as of right', we will deal with the differences in these two terms below.
Please do not hesitate in contacting us for help and advise, most of our services are free, although we encourage donations, and we do need to insist on reasonably large donations for representation at inquiries. We are an unfunded organisation and rely on the donations of those that seek our help to keep this service open as the only independent UK wide resource for communities faced with the prospect of inappropriate developments.
