West Burton village green in the Yorkshire Dales. Available for 'lawful sports and pastimes'. Photo: Andrew Wilkinson

Campaigners say a review of the way village greens are registered is unnecessary and premature.

The Open Spaces Society points out the provisions for recording greens in towns and villages in England only took effect in April 2007 and that there is no need for the Government to review the process. The OSS, which advises local residents and groups on registering greens, expressed its dismay at the move.

The Department for Environment, Food and Rural Affairs commissioned the Countryside & Community Research Institute and Asken to examine a sample of the sites which have, and have not, been registered as town and village greens since January 2004, and to determine whether the sites were earmarked for development in local development plans or subject to planning applications.

Opponents of the greens-registration process say it is too often used to thwart building developments.

Nicola Hodgson, the OSS’s case officer, said: “The current process for registering land as greens in England only took effect in April 2007. Since then, we have assisted many communities to register land which they have long enjoyed and cherished for quiet recreation.  We are dismayed that there are plans to review this new process.

“We are also concerned that, even though the report to Defra shows that the majority of village green applications are made to preserve land for the benefit of the local community, rather than because the land is threatened by development proposals, Defra intends to carry out a review of the process for registering greens.

“Amended procedures are being piloted now in seven areas of England, and these are being reviewed by Defra.  So it is far too soon to be reconsidering the registration process for greens.

“We fear that this review is being fuelled by a few controversial cases, and that it could lead to the loss of a legitimate process for local people to record as greens land which they have long used and enjoyed.”

But the Country Land and Business Association, which represents landowners, welcomed the review. Its president William Worsley said: “We are delighted to see the report undertaken for Defra on village green applications and Defra’s conclusion that there is sufficient evidence to justify a review of the village green registration process.

“The CLA has long been a supporter of the traditional village green. However, we have become concerned at the high number of last-minute applications for the designation of village greens that are stopping crucially needed affordable rural housing developments in their tracks – many of which have already been granted planning permission.

“These last minute applications are often troublesome as some applicants do not provide adequate evidence to support the village green designation. The applicants also often don’t realise that a new development – in the form of affordable housing and/or service provision – will help to maintain the long-term sustainability of the community and its services.”

“Defra’s review of the existing process should recognise the very high costs to landowners, housing associations and local authorities in resisting such challenges. All the while local people continue to wait for a new home in a rural settlement.”

Land can be registered as a town or village green if it has been used by local people for ‘lawful sports and pastimes’ for 20 years, freely and openly. Once registered as a green, the land is protected from encroachment and development by laws that are more than 130 years old.  Local people have a right to enjoy the land for recreation.  The registration authority is the county or unitary council.