Access to land

[joangray38]

Local council sold the leasehold of a green area of land. Immediately new owner fenced it off and put in planning permission for a house. Locals have had access to the area for over 50years. Is there any right/ easement available to stop him building/ regain access to land. Thanks

"Village green" legislation comes to mind but I don't know anything about it.

If it’s registered as a common or green, it cannot be built on. If it has no status, then quite possibly it could be a building plot. There should be local planning policies which indicate whether it’s a possible development plot. Whether people have walked over it doesn’t indicate anything unless it’s registered as a common.

Try to get it registered as a community asset. It will give you time to try to get rights of way established - www.lbhf.gov.uk/sites/default/files/section_attachments/guidance_for_nominations_for_listing_assets_of_community_value_tcm21-192331.pdf

@TizerorFizz isn’t quite right, if you can prove that a land has been used for twenty years for access you can apply for it to be a right of way, this society will be able to provide assistance www.oss.org.uk/need-to-know-more/information-hub/rights-of-way-applications-to-record-public-paths-after-twenty-years-use/

@elbea
Yes. That’s correct but I was assuming “access” referred to walking all over it. A right of way would be different and if it’s not on the definitive map it’s likely to take a long time to prove it’s been used for 20 years. It could be registered as a common, but it hadn’t been.

The new owner has bought it unencumbered by a right of way. They would presumably defend any claim. However the open spaces Society and the ramblers love a challenge. If it can get pp, the new owners need to act quickly.

No one can answer without more detail because there are too many variables such as how the land was registered prior to sale, I there are any paths registered on the definitive map and if any previous access was permissive or not.

The new leaseholder may be perfectly entitled to fence it but may have to allow a right of way from a to b if that's how it's been used previously. Or if the previous leaseholder turned a blind eye to people wandering all over it to let their dogs crap on it doesn't necessarily mean the new leaseholder has to allow that to continue.

Anyone can apply for planning permission on land regardless of if they own it.

Have a look at the definitive case which is Regina v. Oxfordshire County Council and Others Ex Parte Sunningwell Parish Council. It's actually fairly straightforward.

Btw nothing to do with rights of way . . .

@Lineofconcepcion
Definitive case on what? We don’t know the status of the lend the op is talking about.

Having read a bit of the case, it depends if anyone has applied for this land to be a village green. One assumes not. Each case will be different. I suspect there will be cases where open space with a defined owner won’t be a green. This was glebe land in the case and that’s different. Also greens are not the same as commons.

It’s hugely complex and always takes years to sort out!! The case Abbie ended up in the equivalent of the Supreme Court!

Tricky and very slow in my experience.
Rights of way/Definitive maps only refer to specific routes, not general access to an area. Unlikely to help to frustrate development either as they can be moved or closed.
Village green legislation is complex and was altered a few years ago to try and prevent greens being claimed in order to frustrate development. Contact the Open Spaces Society for advice. They're a specialist charity who work in this area.
I don't know anything about community assets though!
Check the Council website for local plan information and see what this land is designed for. If it's a potential development site with no recorded rights of way or public access you may have a uphill struggle on your hands, but speak to the OSS for your options.

It might even be land that’s in a local plan as suitable for development.

Many people just walk over land because it’s there and no one stops them. That doesn’t mean to say it gives them rights over those of the owner.

There are many occasions when a footpath does hold up development if agreement cannot be reached on where it should be diverted. Although I suspect there isn’t a footpath on this land it’s just that people walk over land because it’s there.