Common land and town and village greens
Common land, town and village greens
In general terms, 'common land' is land owned by one person over which another person is entitled to exercise 'rights of common' (such as grazing animals or cutting bracken for livestock bedding), and these rights can generally be exercised in common with others.
What are 'town and village greens'?
'Town and village greens' are usually areas of land within defined settlements or geographical areas which local inhabitants can go onto 'for the exercise of lawful sports and pastimes', such as games, picnics, fêtes and other similar activities.
While land forming town and village greens may be privately owned, many greens are owned and maintained by local councils. Some greens may also have 'rights of common', such as grazing of livestock over them.
Are there registers of common land and town and village greens for Derby?
As a Commons Registration Authority, we have a responsibility under the Commons Act 2006 to maintain and keep up-to-date the register of common land and of town and village greens in Derby.
There is a town and village greens register for the Derby city area. There is no registered common land in the city.
There are three town and village greens in Derby:
- One was registered under the Commons Registration Act 1965.
- One was registered under the Commons Act 2006.
- One was self-registered under the Commons Act 2006.
Contact Local Land Charges to view the register.
Contact Derbyshire County Council for the registers for Derbyshire.
Applying for a town or village green
If you consider that an area of open space is a town or village green then please note that the process for making applications has been changed by the Growth and Infrastructure Act 2013. Before accepting your application for a town or village green, we, in our role as the registration authority, must take advice from both the local planning authority and the Planning Inspectorate to determine whether a trigger event has taken place. If a trigger event has taken place, the registration authority cannot accept your application for a town or village green. Examples of trigger events include:
- the first publication of an application for planning permission for the land, which will include circumstances where planning permission is subsequently granted
- the publication by the local planning authority of a draft local plan or neighbourhood plan proposal which identifies the land for potential development
- the adoption or making by the local planning authority of a local plan or neighbourhood plan which identifies the land for potential development
- a proposed application for development consent under the Nationally Significant Infrastructure project regime is first publicised by the applicant
- and an application for development consent under the Nationally Significant Infrastructure project regime which has been accepted by the Secretary of State (in practice the Planning Inspectorate) is first publicised by the applicant.
If a trigger event has taken place, then we will only be able to accept your application after a terminating event has taken place. Examples of terminating events include:
- the withdrawal of a planning application;
- a decision to decline to determine a planning application is made under section 70A of the Town and Country Planning Act 1990;
- where permission is refused, all means of challenging the refusal in the UK are exhausted and the decision to refuse planning permission is upheld (or the time limit for an appeal expires without such an appeal being made);
- and where a planning application is granted, the period within which the development to which that permission relates expires without the development having been begun.
If, taking into account the above changes to the application process, you still wish to make an application then please download the Department for Environment Food and Rural Guidance Notes that outline the qualifying criteria and tests for registration of an application.
After you have read the guidance notes, download, complete and return application form E44.
We recommend that you ask people who support your application to fill in a public evidence form. You should then return your completed application, along with the public evidence forms, to us to consider.
Preventing land being registered as a town or village green
Landowners can deposit statements under section 15A(1) of the Commons Act 2006 using application form CA16.
Fees for the town and village greens
A deposited statement and plan made under Section 15A (1) of the Commons Act 2006 - £300
A deposited statement and plan made under both Section 31(6) of the Highways Act 1980 and under Section 15A (1) of the Commons Act 2006 - £400
Voluntarily registering land as a town or village green
Landowners can dedicate land as a town or village green using the Guidance on voluntary registration of land as a town or village green.
Applications for town and village greens
The following applications have been determined since the Commons Act 2006 for town and village greens in Derby.
St. Alkmund's Playground, Darley Lane, Derby
- Ref: DER/VG/6
- Applicant: Derby City Council
- Submitted: 2nd June 2010
- Determined: 1st July 2010
- Decision: Accept
Site of the former Sturgess School, Kedleston Road, and known as Sturgess Fields, Derby
- Ref: DER/VG/4
- Applicant: Patrick Browne
- Submitted: 9th January 2008
- Determined: 21st October 2010
- Decision: Accept part of site
Wilson Street, Derby
- Ref: DER/VG/1
- Applicant: Mr C Underhill
- Submitted: 5th April 2007
- Determined: 27nd May 2008
- Decision: Reject application
Ainley Close, Alvaston, Derby
- Ref: DER/VG/2
- Applicant: John Hulse
- Submitted: 15th October 2007
- Determined: 19th March 2009
- Decision: Reject application
Corden Avenue, Mickleover, Derby
- Ref: DER/VG/5
- Applicants: Simon Telford, Janette Jackson and Anthony Hueck
- Submitted: 10th June 2008
- Determined: 19th March 2009
- Decision: Reject application
More information
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