Although the popular image of a village green is of a grassed area in the centre of a village, it can in fact be any piece of land on which a significant number of inhabitants of any locality, or neighbourhood within a locality, have indulged as of right on the land for a period of at least 20 years.  These activities can include dog walking, blackberry picking or sledging but must be carried out without force, secrecy or permission of the landowner. 

If a member of the public can provide evidence that a piece of land has become a town or village green by its use as detailed above, then under section 15 of the Commons Act 2006 they can apply to have it recorded as such.  Applicants would have to complete a copy of the standard  application form which can be found on the defra website and provide evidence to support their claim that the land has become Town or Village Green.  Whilst there is no application fee payable to the Authority, applicants should be aware that the process can be complex and is likely to require a very significant amount of their time over an extended period. Alternatively, if they are willing to do so, the landowner can voluntarily register land as a Town or Village Green.

The application and user evidence forms must be completed to a high level of accuracy and should avoid vague or imprecise statements. Applicants must take particular care to ensure that the map which accompanies the statutory declaration, and which delineates the land being claimed as town or village green, is completed with sufficient care to avoid the boundary of the land inadvertently straying onto third party land which isn't intended to be subject to the application. It is important for everyone involved to understand that this is a legal process and if the landowner objects to registration then the Authority is likely to hold a non-statutory public inquiry and witnesses may be cross-examined on their evidence.  

By registering land as a Town or Village Green, the land is highly likely to be protected from development and the rights of local people to enjoy the land for recreation will be secured.  This page provides only an outline of the issues surrounding Town and Village Greens and their registration; however, further information can be obtained by purchasing the Open Spaces Society's booklet, by reading the defra website or reading the defra guidance. Prospective applicants without prior experience of town and village green law and practice are advised to contact the Authority’s Principal Officer: Public Rights of Way Team on 01225 477532 prior to submitting an application. 

Data Protection

The evidence submitted in respect of a TVG application will be processed in accordance with the Data Protection Act 2018 and the General Data Protection Regulation. It is held by the Public Rights of Way Team of Bath and North East Somerset Council for the purpose of processing this evidence. The Authority has a statutory duty to process TVG applications and this is a public process. Consequently, evidence submitted will be available for public inspection. Objections to the disclosure of personal data contained in evidence should be sent in writing to Public Rights of Way Team, Bath and North East Somerset Council, Lewis House, Manvers Street, Bath, BA1 1JG.

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