Explanatory note

This Order amends Schedule 1A to the Commons Act 2006 (“the 2006 Act”) which sets out events which will exclude the right to apply for the designation of a town and village green under section 15(1) of that Act (“trigger events”) and corresponding events which will cause the exclusion to subsequently lift (“terminating events”).

Article 3 inserts into Schedule 1A to the 2006 Act additional trigger and terminating events in respect of the right to apply for a designation of a town or village green. Provision is made, in addition to the existing terminating events, for the exclusion of the right to apply for the designation of a town and village green from the date on which a draft development plan document or proposal for a neighbourhood development plan is published to lift 2 years from that date. Provision is made for the insertion of trigger and terminating events in respect of local development orders, neighbourhood development orders and requests for deemed planning permission under section 90(2A) of the Town and Country Planning Act 1990.

Article 3 also includes additional notes to Schedule 1A. These provide, where planning permission granted by a local development order or neighbourhood development order is withdrawn (howsoever this occurs), that none of the relevant terminating events is to be treated as having occurred if development may be completed by virtue, as appropriate, of provision in the relevant order or under statutory provision.

Article 4 provides that, for the purposes of the right under 15(1) of the 2006 Act, it does not matter whether the events inserted into Schedule 1A to that Act by this Order occurred before the date on which this Order comes into force. Article 4 also provides that the amendments made by the Order do not apply to applications under section 15(1) of the 2006 Act which have been sent before the date on which the Order comes into force.

An impact assessment has been prepared in relation to this Order. It will be placed in the library of each House of Parliament and on the website https://www.gov.uk