Families using an 1857 law to beat the developers
Families are using an 1857 law to beat developers by designating unlikely areas as ‘village greens’ to protect them from building plans.
The highest form of land protection in the UK has become a favourite of Nimbys – which is an acronym for Not In My Back Yard – who aim to protect plots of land from development.
If spaces are granted the golden village green status, they are shielded indefinitely – but for a plot to qualify under the law, it has to have been used for at least 20 consecutive years for ‘sports, pastimes or recreation’.
In recent years, the government has attracted fierce criticism from developers and over what is classed as green belt land and whether there should be a relaxation of conditions needed to build upon it to ease housing problems.
But while planning laws remain the same, locals are taking matters into their own hands and finding ingenious ways to beat developer’s’ plans.
Ashley Clark (pictured) spearheaded a campaign to secure the UK’s largest village green space measuring 52acres
A bid to turn the tiny triangle in the remote Cumbrian village of Rosgill into a green was thrown out. Many councils and developers are frustrated by applications for village green status
Locals are enacting an 1857 law to try to protect their green spaces and stop developers building new homes
Last month, a Bristol resident was blocked from constructing a new build house at the bottom of the cul-de-sac where he loved after neighbours invoked the 1857 law and obtained village green status for the proposed plot.
His neighbours argued that the land was used for summer picnics, tea parties and even claimed t was a place to chat while taking the cut-through to the local Tesco.
Across the UK in Ashford, Kent, a narrow 1.25-acre strip of land next door to a Sainsbury’s was awarded village green status.
Reasons to protect an area of land can include walking a dog, playing football, or even picking berries.
One angry local went to war with developers and won, masterminding a successful application for the UK’s largets village green.
The 52-acre plot in Whitstable, Kent has been described as ‘the Rolls Royce’ of land protections by Ashley Clark who spearheaded the campaign.
While landowners can fight against the decision in court, deep pockets are often needed to cover the lengthy process.
For a plot to qualify under the historic law, it has to have been used for at least 20 consecutive years for ‘sports, pastimes or recreation’ (Stock image)
Despite some success, councils and developers are now finding new ways around the law including putting up fences to disrupt local access and invalidate applications
In 2021, transport company TW Logistics lost a 13-year battle against residents in Mistley, Essex over village green status for a concrete quayside.
The Local Government Association (LGA), which represents councils, however is becoming increasingly frustrated by ‘malicious’ applications which are often half-baked and intended for ‘clearly ridiculous’ potential greens.
It warned that the numbers of applications was costing the taxpayer and blocking the housing developments which are sorely needed.
Defra told The Telegraph that applications for village green stats were cropping up more and more much to the frustration of developers.
And councils are clamping down on applications – a bid to turn a tiny triangle in the remote Cumbrian village of Rosgill into a green has been thrown out.
Developers are also becoming wise to to angry locals’ plans and have begun to put up signs sayiing ‘private entry’ or ‘entry is permission only’ which, according to Mr Clark prevents a village green application.
If access is denied then it makes it difficult for residents to prove continuous use for 20 years.
Some councils are even giving advice ot developers on how to block applications from locals.
The Isle of Wight Council encourages landowners to fence their land off or restrict access for those using it.
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