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APPLICATION FOR THE REGISTRATION OF LAND WHICH BECAME A TOWN OR VILLAGE GREEN AFTER 02 JANUARY 1970 (FORM CL30)
Guidance Notes (to be read in conjunction with the Notes on the Form)
Form CR30 is a prescribed form under the Commons Registration (New Land) Regulations 1969 (SI 1969/1843). Applicants should note, however, that the definition of a town or village green as set out in Note 4 to the Form (and by implication in Note 5(3)) has been amended by Section 98 of the Countryside and Rights of Way Act 2000.
The effect of Section 98 is to substitute the definition set out in Note 4(c) with the following:-
“(c) on which for not less than 20 years a significant number of the inhabitants of any locality or of any neighbourhood within a locality have indulged in lawful sports and pastimes as of right and either
| (a) continue to do so, or |
| (b) have ceased to do so for not more than such period as may be prescribed or determined in accordance with prescribed provisions" |
No regulations have yet been made to prescribe the period referred to in (b) above.
To enable the Council as Registration Authority to process an application for the Registration of a new green without delay, please remember:-
- to complete all the Parts comprised in the form
- Part 5 needs to set out clearly the grounds on which it is claimed the land became a green. Most applicants rely on the grounds set out in Note 5(3) (as amended). This needs to be set out in full - the omission of any part may result in the rejection of the application as not being properly made.
- supporting documents should include:-
| (1) evidence of not less than twenty years use up to the date specified in Part 4 and continuing up to the date of the application (or up to the date such use ceased and the reason for such cessation); |
| (2) details (preferably by reference to a map) of the relevant locality or neighbourhood within a locality and the numbers of inhabitants of that locality or neighbourhood claimed to have used the land; |
| (3) details of the sports and pastimes claimed to have been indulged in by the inhabitants; and |
| (4) the basis on which such use is claimed to have been "as of right". |
- to sign and date the application on page 6 as well as to swear the Statutory Declaration on page 7 in the presence of a qualified person (e.g. Solicitor, Licensed Conveyancer or Justice of the Peace)
- there is currently no charge for making an application;
- advice in connection with an application for a new green (including a suggested evidence form for completion by local inhabitants) can be obtained from the Open Spaces Society of 25a Bell Street, Henley-on-Thames, Oxon, RG9 2BA. The Registration Authority cannot advise on the merits of any application
Last modification: 08:19:20, 18th May, 2006 by Web Team
Review date: 15th August, 2006
