The government's consultation on procedures and practices of "creating" more prospective village and town greens closed in the middle of last month (17 October 2011).
From an answer (8 November, 2011) to a parliamentary question, I understand that the responses to the consultation are being analysed by officials and that the government will announce on the subject in early 2012.
Possibly reforms arising from the consultation may well result in a practical demise of what is, in essence, the right to claim a statutory "prescriptive right" or statutory "easement or wayleave" over land held by residents of a locality or a nighbourhood in a locality.
Generally, for local folk "going for a green" is a not-inexpensive dedication and commitment to spend time and money defending doing what they have been doing "as of right" for at least half a generation or so (20 years). What they have been doing must be lawful sports and pastimes. [Much of this is explained in detail in my Common Lands Handbook published by the IRRV.]
But that is only one side of the issue. The other side of the issue are the concerns of the landowners who may be holding long-term intentions to use the land in some way - perhaps as a public sector hospital or a private sector leisure facility. Another stakeholder may be the local authority intent on seeing the land used for some wider constituency purpose.
My guess is that our leaders will have a fulcrum of a task to get a wise and balanced judgement on this one!
No comments:
Post a Comment