Wiltshire Council v Cooper Estates Strategic Land Ltd: Development Plans and the Restriction of Town and Village Green Applications
| Published date | 01 November 2019 |
| Author | Harley Ronan |
| DOI | http://doi.org/10.1111/1468-2230.12476 |
| Date | 01 November 2019 |
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Modern Law Review
DOI: 10.1111/1468-2230.12476
Wiltshire Council vCooper Estates Strategic Land Ltd:
Development Plans and the Restriction of Town and
Village Green Applications
Harley Ronan∗
The Court of Appeal has, for the first time, considered the scheme of ‘trigger events’ introduced
in the Growth and Infrastructure Act 2013 which preclude the registration of land as a town or
village green (or TVG). The event in question concerned identification for potential develop-
ment in a development plan document. The court was required to determine what constitutes
‘identification for potential development’ for the purposes of the statute. This note suggests that
the court’s interpretation of ‘identification for potential development’ is unconvincing, and was
motivated primarily by policy: to render it more difficult to register land as a TVG. It argues
that the judgment constitutes a further and significant restriction on the future viability of TVG
applications, rendering entire settlements liable to lose the application of TVG law.
INTRODUCTION
In Wiltshire Council vCooper Estates Strategic Land Ltd1(Cooper Estates), the
Court of Appeal has, for the first time, considered the scheme of ‘trigger
events’ introduced in 2013 which terminate the right to apply to register land
as a town or village green (TVG). Registration of land as a town or village
green prevents an owner from enclosing or developing the affected land, and
local users are vested with a right of access for recreational use. In response
to a perception that TVG applications impede the development of land the
Growth and Infrastructure Act 2013 introduced a series of ‘trigger events’ that
terminate the right to apply for registration. The r ight to apply is precluded
until a corresponding ‘terminating event’ has occurred, cancelling the ‘trigger
event’.2The ten tr igger events include applications for planning permission,
publication of intention to compulsorily purchase land and the publication
of development plans which identify land for potential development.3Cooper
Estates has clarified a key aspect of this last trigger event: what constitutes
‘identification for potential development’ in a development plan document?
The land in question fell within the settlement boundary of Royal Wotton
Basset. A development plan document identified Royal Wotton Basset as a
∗School of Law, Birkbeck, University of London. I am grateful to Nathan Moore for his comments
on a draft of this paper.
2 Commons Act 2006, s 15C.
3 The full list can be found in The Commons Act 2006, Sched 1A.
C2019 The Author. The Modern Law Review C2019 The Modern Law Review Limited. (2019) 82(6) MLR 1146–1156
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