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Important Legal Notice

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.

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In a nut shell inhabitants have no rights over greens other than the right to undertake lawful sports and pastimes on the greens, this of course means that they can have in most cases unfettered access to the green (we set out the exceptions below). Of course it is a criminal offence to prevent such use, as well as being a criminal offence to enclose a village green, this though is under Victorian Statutes rather than specific Acts to protect village greens.

Section 15 Inclosure Act 1845

"15. Village greens not to be inclosed......
No town green or village green shall be subject to be inclosed under this Act..........."

Section 12 Inclosure Act 1857

"Protecting from nuisances town and village greens and allotments for exercise and recreation.
And whereas it is expedient to provide summary means of preventing nuisances in town greens and village greens, and on land allotted and awarded upon any inclosure under the said Acts as a place for exercise and recreation: If any person wilfully cause any injury or damage to any fence of any such town or village green or land, or wilfully and without lawful authority lead or drive any cattle or animal thereon, or wilfully lay any manure, soil, ashes, or rubbish, or other matter or thing thereon, or do any other act whatsoever to the injury of such town or village green or land, or to the interruption of the use or enjoyment thereof as a place for exercise and recreation, such person shall for every such offence, upon a summary conviction thereof before two justices, upon the information of any churchwarden or overseer of the parish in which such town or village green or land is situate, or of the person in whom the soil of such town or village green or land may be vested, forfeit and pay, in any of the cases aforesaid, and for each and every such offence, over and above the damages occasioned thereby, any sum not exceeding (level 1 on the standard scale).................."

section 29 of the Commons Act 1876:

"An encroachment on or inclosure of a town or village green, also any erection thereon or disturbance or interference with or occupation of the soil thereof which is made otherwise than with a view to the better enjoyment of such town or village green or recreation ground, shall be deemed to be a public nuisance, and if any person does any act in respect of which he is liable to pay damages or a penalty under section 12 of the Inclosure Act 1857, he may be summarily convicted thereof upon the information of any inhabitant of the parish in which such town or village green or recreation ground is situate, as well as upon the information of such persons as in the said section mentioned."

Any violation of those two provisions would be a criminal offence. as such no one can turn anyone off a registered green where they are engaging in lawful sports or pastimes, with the exception that users cannot interfere with the normal use the owner makes of the land, for instance hay making. However, apart from that right to go on the land for sports and pastimes no other rights are gained, there is no right to have the land maintained, or right for inhabitants to maintain the land. Indeed if a user was to say cut back an opening through a hedge, which would without doubt be construed as criminal damage, and could lead to a prosecution by the police, as there is no such right, and it would be damage to the owners property.

Therefore inhabitants may continue in partnership with the owner to use the land as they always have, but they can do no more than that.

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.