Growth and Infrastructure Bill

Memorandum submitted by Christopher Whitmey (GIB 45)

Clause 12

The Committee is respectfully invited by Mr Whitmey to consider DELETING all words after 'insert-' page 13 line 38 and INSERTING, or alternative wording to similar effect:

"15A Registration of greens - Highways Act 1980 section 31(6)

Where the owner of any land has deposited a map and statement under section 31(6) of the Highways Act 1980 to negative any presumed intention to dedicate the land as a public highway then:

(a) any presumed intention of the owner or his successors in title to dedicate that land as a town or village green by user as of right for lawful sports and pastimes shall be negatived; and

(b) a new period of at least 20 years of such user, if any, may commence on the date on which any such deposited map and statement ceases to be of legal effect."

[consequential amendments arising from the deletion of the proposed 15B]

Reasons for invitation:

1 All men are mortal

Socrates is a man

Therefore, Socrates is mortal.

I must be able to walk all over the cricket square to play cricket.

I'm not permitted to walk across the cricket square.

Therefore, I cannot play cricket on the square.

For land to be registered as a town or village green a right must be presumed to be dedicated to go all over the land.

A Highways Act 1980 s.31(6) deposit prevents a right being presumed to be dedicated to go across the designated land.

Therefore, a s.31(6) deposit should prevent a right being presumed to be dedicated to create a town or village green.

2 Section 31 of the Highways Act 1980 replaced section 1 of the 1932 Act. Since 1932 landowners have been able to permit the local inhabitants/public to cross their land and at the same time to have a very cost effective means of protecting their land from having rights in perpetuity created.

3 Landowners who presently have s.31(6) deposits in place should be able to rely on them as a cost effective means of protecting their land from town or village green applications with the attendant high costs in opposing such applications.

4 The present clause 12 would create a second register and a needless duplication of effort and expense for the local authority as well as the landowner.

Biographical note. Christopher Whitmey first engaged with town and village green law in 2001. He is a trustee of the charity which has land (DEFRA Consultation Document p.28 Photo 7: Land at Vicarage

Rough, Clun Glebe, Shropshire) that was subject to a TVG application in 2001. The matter was not

resolved until 2010 when the fourth application was rejected after much time and expense. This was despite a Highways Act 1980 s.31(6) deposit for the land being in place. Since 2001 he has researched TVG law. He has objected to various applications and appeared at various enquiries and court cases.

November 2012

Prepared 1st December 2012