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Could your lake become a village green?

The granting of village green status to a lake in Anglesey could lead to similar applications in this area and not just for lakes says a local property law expert.

“Llyn Maelog, a lake on the Welsh island of Anglesey, near to my own home town, is believed to be the first lake to be given village green status, but now that this precedent has been set it is unlikely to be the last,” says Helen James of Barr Ellison Solicitors.  “In this particular case the local community council saw no legal problem with giving it village green status because it was used for recreational activities including sailing, boating and fishing and is a Site of Special Scientific Interest (SSSI). It is refreshing to see the legislation being used in the way it was intended, to protect areas used by the public rather than to protect undeveloped land as an objection to planning permission, which is very often the case.”

An area of land (or a lake) given village green status is protected from development and preserved for use by local people. According to Section 15 of the Commons Act 2006 anyone can apply to have land registered as a green if it has been used by local people for recreation ‘as of right’ (ie without permission, force or secrecy) for a period of at least 20 years and use did not cease more than two years before the date of the application or more than five years before the date Section 15 came into force in April 2007.

According to the Open Spaces Society website http://www.oss.org.uk/ there are about 3650 registered greens in England and about 220 in Wales, covering about 8150 and 620 acres respectively. Last year the charity says it helped in the successful application for Camping Close in Linton, Cambridgeshire to become a village green.

For further information about the legal issues over village greens or other land or property issues contact Helen James on 01223 417200.

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