You have the ‘right to roam’ on registered common land – you may use town or village greens for ‘lawful sports and pastimes’, eg playing football or walking your dog.
For more information on common land and village greens please visit Gov.uk
Applications to register new village greens
If it can be shown that new greens have come into existence through long use of land by local communities, members of the public may be able to apply to register that as a village green.
The law applying to such applications is particularly complex and the procedure involved can be a very long one. While we will endeavour to be as helpful as possible in clarifying procedural points, we cannot give legal advice to potential applicants or landowners affected by applications.
If an application for planning permission to develop the land in question has already been lodged the Registration Authority may not be permitted to proceed with your application.
Landowners do also now have a power to voluntarily dedicate land as village green. The procedure in such cases is somewhat simpler.
Defra – guidance on registering a new village green – if you are considering applying to register a new village green, please consult this guidance. Please also take independent advice before starting the application process.
The registers of Common Land and Town and Village Greens are statutory documents and show all such registered land in Warwickshire. Each registered area is listed under a unique ‘unit number’. A ‘CL’ prefix defines the land as common, and a ‘VG’ prefix defines the land as town or village green.
Each registration is divided in three sections:
- Land – describing the land, who registered it and when. There are also related plans which show the boundaries of the land.
- Rights – includes a description of the rights of common (i.e. the right to graze sheep or other animals), over which area of the common they are exercisable, the name of the person (the ‘commoner’) who holds those rights.
- Ownership – includes details of owners of common land and village green. However, it is important to note that the registers do not give conclusive proof regarding ownership and should not be relied upon for that purpose. Alternate means of investigating ownership may be more appropriate e.g. enquiries of the Land Registry, information on which can be found at the following link.
Public inspection of the registers
The registers are available for public inspection. You can make an appointment to view the registers by contacting us. However, we are not able to validate the results of a personal inspection.
Alternatively, we can perform an official search and provide copies of the register:
- a minimum of £15.00 for up to 5 sheets;
- £25.00 for between 5 and 10 sheets;
- and £1.00 per sheet thereafter.
Please e-mail enquiries regarding inspection of the registers to: firstname.lastname@example.org
The register map
Every entry in the register corresponds to a sheet in the maps of common land or town and village green. An extract from the map sheet referring to the village of Warmington is attached as an example.
Searching the registers
It is possible to carry out a search of the registers to establish whether a particular piece of land is registered as common land or village green. Searches are normally carried out by solicitors / conveyancers when a property is being bought or sold.
A request for a search should be made as part of a ‘local search’ application to the district or borough council in which the land is situated. There is an optional question relating to common land and village greens at Question 22 on the Local Search Form CON29(O). A fee will be payable which may vary from council to council.
Search certificates will reveal whether land is registered as common or village green, if there are rights of common, and whether or not ownership is registered. Depending on the outcome of the search, we may be able to provide additional information regarding items revealed and copies of the registers upon payment of the additional fees mentioned above.
Questions and clarifications
Although we are unable to supply specific legal advice, we will try to help to resolve issues.
Works on common land
If you are going to carry out works on or adjacent to common land (e.g. fencing or the construction or improvement of roads), please check the Planning Portal – Planning Inspectorate.
Can I drive across common land or village greens to access my property?
The law on this topic is not straightforward and the answer will depend on the individual piece of land. Defra can provide more guidance on this
Do you think there is a mistake in the register?
There are limited circumstances under which the register may be amended e.g. if a registration wrongly included a building or the ‘curtilage’ (garden) of a building. Please refer to the following guidance describing when it may be possible to apply to the County Council for this purpose:
In cases where an application is possible a fee of £1,000 is payable to the County Council on lodging the application.
Pending applications regarding commons or village greens
|Site||Date of receipt||Date and venue of public inquiry (if appropriate)||Date determined / outcome / decision maker||Link to application / other documents|
|Higham Lane School, Nuneaton – detached playing field at Ambleside Way, Nuneaton||15.06.2009||21.09.2010 – 22.09.2010 at Council Chamber, Nuneaton Town Hall, Coton Road, Nuneaton, CV11 5AA||18.01.2011 – Application rejected – Regulatory Committee – minute 4||Higham Lane Application (Blanked) (PDF, 861.84 KB)|
|Rectory Road, Old Arley, near Coventry||17.06.2010||Not applicable – this is a ‘voluntary’ application by the landowner.||03.08.2010 – Application approved – delegated powers of Strategic Director of Resources||Rectory Road Application (Blanked) (PDF, 514.31 KB)|
|Myton Lane Spinney, Warwick||08.04.2011||25.09.2012 at Lord Leycester Hotel, Jury Street, Warwick||Regulatory Committee – 16.04.2013 – Application granted||Myton Blanked (PDF, 5.36 MB)|
|Land to the East of Le Hanche Close and Somers Road, Keresley Newlands||03.04.2012||28.11.2012 – 30.11.2012 at Keresley Village Community Church, 9 Rathbone Close, Keresley, CV7 8LD||Regulatory Committee – 16.04.2013 Application rejected||Keresley Newlands Blanked (PDF, 1.78 MB)|
|Land known locally as Weddington Church Fields, Weddy Fields or Weddington Meadow lying to the North-West of Church Lane, Weddington||24.03.2012||22.10.2012 – 26.10.2012 at Weddington Social Club, 252A Weddington Road, Nuneaton, CV10 0ER||Regulatory Committee – 12.02.2013 Application rejected||Weddington Blanked (PDF, 1 MB)|
|Land known locally as Grove Lane Field, lying between Grove Lane and Bennett’s Road North, Keresley Newlands||18.06.2012||09.11.2013 – 11.11.2013 at Keresley Village Community Centre, Howat Road, Keresley End, Coventry, CV7 8JP||Regulatory Committee – 21.01.2014 Application rejected||Grove Lane Blanked (PDF, 2.09 MB)|
|Land at Back Lane, Long Lawford||12.02.2013||Not applicable.||Regulatory Committee – 13.05.2014 Application withdrawn||Long Lawford (Blanked).pdf (PDF, 1.11 MB)|
|Newton Regis Duck Pond,Main Road, Newton Regis, B79 0NF||15.09.2014||Not applicable (a voluntary application by the landowner).||Head of Law and Governance-30.12.2014 Application approved pursuant to delegated powers||Newton Regis Application (Blanked) (PDF, 476.29 KB)|
|Oakfield Recreation Ground,Bilton Road, Rugby, CV22 7AP||02.03.2015||Application withdrawn.||Application withdrawn.||Oakfield Application – REDACTED – 16.4.2015 (PDF, 3.81 MB)|
|Loxley Farm, Stratford Road, Loxley, CV35 9JN||26.11.2015||05.09.2016-06.09.2016 – Warwick Court House Jury Street, Warwick, CV34 4EW.|
Time: 10:00am- 5:00pm
|Regulatory Committee – 10.01.2017 – Application approved. Land referred to in Application has been deleted from village Green register unit 144.||Loxley Farm, Loxley – Application under Schedule 2 Commons Act 2006 (PDF, 4.86 MB)|
Loxley VG Public Notice (DOC, 198 KB)
|Land to the South-East of Charlesfield Road, Rokeby, Rugby||23.09.2016||Thursday 9 November 2017 to Friday 10 November, and Monday 13 November 2017 to Tuesday 14 November 2017 – Arnold House, Rugby Masonic Centre, Church Walk, Elsee Road, Rugby, CV21 3BA commencing at 10 am on each day (with an evening session on 9 and 13 November 2017 from 6 pm to 9.30 pm).|
Inquiry resumes: Monday 18 December 2017 and Tuesday 19 December 2017 – Arnold House, Rugby Masonic Centre, Church Walk, Elsee Road, Rugby, CV21 3BA commencing at 10 am on each day (with an evening session on 18 December 2017 from 6 pm to 9.30 pm)
|To be confirmed.||Rokeby – Noticeofanapplication-V1 (DOCX, 529.28 KB)|
Application Form (Redacted 21.04.2017) (PDF, 2.33 MB)
Rokeby – WitnessStatementsPart1of2-V1 (PDF, 14.53 MB)
Rokeby – WitnessStatementsPart2of2-V1 (PDF, 7.33 MB)
THE WARWICKSHIRE COUNTY COUNCIL COMMONS REGISTRATION AUTHORITY COMMONS ACT 2006—SECTION 15(1) (DOC, 62.5 KB)
THE WARWICKSHIRE COUNTY COUNCIL COMMONS REGISTRATION AUTHORITY COMMONS ACT 2006—SECTION 15(1) (DOC, 62 KB)