February 11, 2011
Residents of a village in Wales who are facing the prospect of their village green being built upon by housing developer, Barratt Homes, have recently received confirmation that the land can be formally registered and protected as a village green.
The villagers requested an inquiry into the planning inspectorate’s decision to allow Barratt Homes to build on the green. The results of the inquiry, conducted by an independent planning inspector, have recently been reported, upholding the residents’ case and recommending that the village green be formally registered as such.
This is on the basis that the land has been used for over fifty years without permission as a play area for local schoolchildren. Under the Commons Act 2006, once a green is registered, action can be taken to prevent any activity that ‘interrupts the use or enjoyment of a green as a place of exercise and recreation’.
However, Barratt Homes have applied for an urgent hearing at the High Court to rule on the validity and significance of the report. They want to determine whether they can still develop the land under the Town and Country Planning Act 1990 even if village green status is granted.
If the residents are successful in preventing the development, this could have wider implications for future development and planning regulations.
However, it is thought that the residents may incur as much as £100,000 in legal fees and costs if they lose the case or it ends up in the Supreme Court.
