Localism Bill

Baroness Byford Excerpts

Thursday 14th July 2011 Lords Chamber

Moved by

[Baroness Byford]

148ZZBB: After Clause 99, insert the following new Clause—
“Registration of land
In section 15 of the Commons Act 2006 (registration of greens), after subsection (10) insert—
“(11) Regulations may provide for amendments to be made to the criteria by which a new town or village green can be determined in order to restrict the scope for such applications.””

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[Baroness Byford]

My Lords, I remind the House of my interests, particularly my membership of the CLA. We come to the section of the Bill which causes it and others concern. As I see it, if an area of land is designated as a town or village green, any development on it is prohibited notwithstanding any grant of planning permission. As a result of the changes made by the Commons Act 2006 and a series of court cases, it is now far easier to probe that a particular area is a town or village green than was previously the case. It is of course important that bona fide applications should succeed but, all too often, spurious applications are being made with the aim of overturning the effect of planning permission being granted. I believe that the Minister and his team have been in discussions with the CLA, so I will not go into further detail on that.

However, I have also been contacted by Sue Chalkley from the Hastoe Housing Association, which has raised the issue of vexatious use of the towns and village greens registration system to delay or block legitimate development. It is concerned that such misuse is causing increasing delays and costs to developers. The risk of having land blighted by a TVG application is a considerable deterrent to landowners. In rural communities, this problem is more acute and may well jeopardise the provision of much needed affordable rural housing.

I give but one example: in Marsh Gibbon in Bucks, eight affordable houses were planned, with six for rent and two for shared ownership. A half-acre site was chosen by the parish council and the planners. The field had been farmed for over 200 years, most recently for strip-grazing dairy cattle. Full planning permission was granted in February 2008. The parish councillor and the landowner were adamant that the field was not a village green. A TVG application was made on the whole of the 15-acre field. In June 2010, the inspector’s decision came. The TVG application was unsuccessful, but one should be aware that there was a delay of two and a half years at a cost of £80,000 to Hastoe Housing Association.

We need those village developments, as indeed we need developments elsewhere, and I am very concerned that the Bill will not help in that way. In answering a Question on 23 May, my honourable friend Richard Benyon indicated that from 2005 to September 2009, 650 applications were made, 99 were granted and 551 were rejected. I understand that it costs nothing to put in a TVG application, but the costs incurred to the registration authority can be significant. There is a problem and I beg to move.

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My noble friends and the noble Lord may feel that we have taken too long over our deliberations on whether changes to the registration criteria for town or village greens are needed. I agree with them, but I very much hope that we shall be able to announce our conclusions later this summer, and that my noble friends and the noble Lord will see that those conclusions respond to many of the concerns raised tonight. Given this assurance, I hope that the amendment can be withdrawn.

[Baroness Byford]

My Lords, I thank the Minister for his, I think, encouraging and detailed response. There are clearly difficulties. Indeed, my noble friend Lord Greaves accepted that 551 rejected schemes means a great trial for each of those individuals who had to go through the process. They are very costly and a great deterrent to landowners opening up some of their land to future development, particularly for affordable rural housing, as we hope they will. However, I am grateful to the noble Earl and particularly pleased that there will be ongoing discussions. I hope we may have some news later in the summer, perhaps before the Bill is passed. With those few comments, I beg leave to withdraw my amendment.

Amendment 148ZZBB withdrawn.