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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - Yesterday

Growth and Infrastructure Bill changes to town and village greens applicati

Andrew Chalmers, modified 11 Years ago.

Growth and Infrastructure Bill changes to town and village greens applicati

Advocate Posts: 169 Join Date: 20/10/11 Recent Posts
On enactment a series of triggers to avoid villlage green designations will come into effect including submission of a planning application or identification of a site in a draft plan. Defra has produced an interim note on these "Interim Guidance to Commons Registration Authorities on Section 15C of the Commons Act 2006." I raised a question yesterday with Defra which has been passed onto CLG to answer...because of ambiguity over at which stage in Local Plan production the trigger is triggered. The Defra report states 3. A draft of a development plan document which identifies the land for potential development is published for consultation in accordance with regulations under section 17(7) of the 2004 Act. I am not clear whether this is an early draft stage or the formal publication stage. Have I missed something? Is this perhaps just sloppy legislative wording? I'll post if I hear back from CLG...
Andrew Chalmers, modified 11 Years ago.

Re: Growth and Infrastructure Bill changes to town and village greens appli

Advocate Posts: 169 Join Date: 20/10/11 Recent Posts
Message received very promptly from Julian Pitt at CLG. As you know, the interpretation of legislation is a matter for the courts. However I would point out that the relevant entry in Schedule 1A clearly refers to publication of a draft of a development plan document. I refer you to regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012. The Schedule does not refer to consultation on options prior to a draft DPD being published. So the plan trigger is clearly the formal publication stage which is logical.