Development of Open Spaces - The Key Issues for Advisers

Introduction

Proposals to develop open spaces often give rise to claimed public rights of way, assertions of Town or Village Green status and can also prompt assets of community value nominations under the Localism Act. Disposals and appropriations of open space by local authorities are also subject to strict procedural requirements.

This webinar considers some of the issues that arise for landowners, developers, and local authorities when it comes to developing land which may have been in public use. It provides guidance on how to respond to claims and also minimise the prospect of the claims being made in the first instance.

What You Will Learn

This webinar will cover the following:

• Claimed Public Rights:
• Registration as a Town or Village Green under Commons Act 2006 including the tests for registration and case law on statutory incompatibility and trigger events
• Claimed public rights of way across potential development land
• Assets of community value under the Localism Act 2011
• Objections to disposal or appropriation of publicly owned space under the Local Government Act 1972 including the importance of process
• Responses:
• Landowner statements under Highways Act 1980 s.31 (6) and Commons Act 2006
• Signage
• Extinguishment and diversion of rights of way
• Other practical steps

This webinar was recorded on 21st June 2024

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