Overview

Among many hazards for developers and landowners, a claim for a registration of a town or village green (TVG) is, or certainly should be, amongst the most feared.

At best, development may be delayed by months or even years while a claim is considered, investigated and despatched.

At worst, it may lead to an expensive public inquiry, even more expensive court proceedings, and the permanent sterilisation of land, jeopardising even desperately needed affordable housing development projects and the provision of community facilities. But who wields this draconian power to stop development in its tracks?

The answer is a significant number of the inhabitants of a locality or neighbourhood who have indulged in lawful sports and pastimes on the land for at least 20 years “as of right”. The actual definition is legalistic and technical and has been referred to the highest court in the land on four occasions over the past decade, most recently last week, when the Supreme Court handed down its judgment in R (Lewis) -v- Redcar and Cleveland Borough Council and Persimmon Homes (Teesside)Limited.

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