A test case was launched today in a bid to stem a “flood” of applications to create village greens across the country. The High Court was told that the creation of village greens is wiping millions of pounds off the value of developers’ land stocks.
Laing Homes is asking Sullivan J to quash Buckinghamshire County Council’s decision to adopt an inspector’s recommendation that three fields, which have public footpaths across them, should be registered as a village green, thereby precluding development of the land.
The fields are owned by Laing, and are situated in the village of Widmer End, High Wycombe, Buckinghamshire. The company claims that the property is worth more than £10m as development land, but is virtually worthless as a result of its classification as a village green.
Villagers can apply, under the Commons Registration Act 1965, to have land registered as a green if they have had access to it for sports, pastimes and informal recreation over a 20-year period.
Opening the case today, Charles George QC, counsel for Laing, said that the 38 acres of land had become “effectively sterilised” as a result of the council’s decision, and its potential £10.8m development value had been reduced to “zero”. It is thought that the land is now worth only £500,000, a fraction of its development potential.
Mr George added that the “positive flood” of applications for village green status nationwide, following a House of Lords ruling two years ago upholding a decision to register land in Sunningwell, Oxfordshire, was causing alarm for developers (see R v Oxfordshire County Council, ex parte Sunningwell Parish Council [1999] 2 EGLR 94).
The three fields in question had been let by Laing as farmland for 14 of the 20 years prior to the registration. However, despite attempts to prevent people from accessing the land, the evidence showed that the public had been using it for the whole 20 years.
Mr George said that it was common knowledge that the public had only limited rights of way over the public footpaths, and argued that the planning inspector and council were wrong to find that the requirements for registration had been met in this case.
He said that in cases such as this one, registration has a “draconian” effect upon landowners because it renders any further farming of the land a criminal offence, but nevertheless compensation is not payable to the landowners.
The hearing, which is expected to last three days, continues.
References: PLS News 25/3/03
