Town or Village Green (TVG): registration: trigger event: identified in development plan for potential development

Wiltshire Council v Cooper Estates Strategic Land Ltd [2019] EWCA Civ 840

https://www.bailii.org/ew/cases/EWCA/Civ/2019/840.html

Section 15(C) of the Commons Act 2006 (CA 2006) prevents registration of a TVG if one or more of various trigger events occur.   In this case the trigger event was whether a development plan document identified the site for potential for development.  The deciding factor, as the site was included in a settlement boundary identified for sustainable development in the core strategy was the consequence of this allocation  as set out in the core strategy.  Para 45 of the judgment states:

  1. But in any event, in the present case the development plan document does show that the land is identified for potential development. CP1 identifies “the settlements where sustainable development willtake place.” CP2 provides that within the settlement boundary “there is a presumption in favour of sustainable development.” I agree with Mr Jones that these policies clearly identify the land as having potential for development. This reading is supported by the explanatory text. Paragraph 4.3 states that CP2 “identifies … how Wiltshire’s settlement will develop in the most sustainable fashion”. Paragraph 4.6 states that CP1 and CP2 seek “to define where development will be the most sustainable”. Paragraph 4.12 says that CP2 “presents the way these settlements will develop in the future”. Paragraph 4.15 refers to relaxation of settlement boundaries “to identify new developable land”. I agree with Mr Jones that that necessarily implies that land within the settlement boundary is already developable land.”

 

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