Councils need power to tackle "malicious and vexatious" village green applications, says LGA

The LGA was responding to a recent consultation on TVGs by the Department for Energy, Food and Rural Affairs (DEFRA).

Councils argue that false 'village green' claims are made by locals whose only motive is to delay development. The "vexatious" claims are not only very expensive for taxpayers but they also prevent new affordable housing and hamper the creation of new jobs.

Under current legislation anyone can apply to a local planning authority under the Commons Act 2006 to register land as a TVG if it has been used by local people for lawful sports and pastimes "as of right" for at least 20 years.

A TVG application can still be made on land which already has planning permission or on which development has started.

"The right balance needs to be reached between looking after genuine village greens and the provision of affordable housing, services and jobs which local areas badly need. Councils are reliable and can be trusted to perform this function effectively," said councillor David Parsons, Chairman of the LGA Environment and Housing Board. "Unfortunately, millions of pounds of taxpayer's money are currently being spent by councils processing 'village green' applications whose primary aim is to prevent development."

Councils need more power to quickly identify frivolous claims, with the ability to claim back costs from these applications, the LGA said in response to the consultation. It estimated that the false claims are costing taxpayers millions of pounds.

Whilecouncils are keen to protect genuine village greens and pieces of community land in local areas, a high proportion of the applications are simply used as delaying tactics to prevent new affordable housing or much needed regeneration, councils said.

Poole Council has received two TVG applications in the past year. The first was rejected and the second is ongoing. The council has spent £75,000 on legal and staffing costs so far,  with the potential for a further £30,000 in costs if the second application proceeds to judicial review, it said.

The LGA would also like to see an end to the situation where a village green application can even delay developments which have planning permission and where building work has begun. The Government has proposed changing the law so that this is no longer the case.

"The LGA is glad the government is consulting on this and hope they take on board the concerns of councils.  It is important that councils are given reasonable powers to quickly identify false applications and claim back the costs from these," Parsons said.