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Lord Carnwath has produced an article for Thomson Reuters on Town and Village Greens.
The concept of a modern town or village green, arising from the Commons Registration Act 1965, had no discernible basis in principle or policy. It was developed over the ensuing decades through a haphazard sequence of judicial decisions and legislative interventions. Judicial calls for comprehensive legislative reform have been ignored. As a result its legal and practical characteristics have never been properly worked out. The statutory provisions for deregistration (enacted in 2006) provide a striking illustration of this failure. There is a strong case for a full review of the relevant law and policy to provide a more coherent framework for the future.
The full article may be accessed as a PDF here or directly on WestLaw here.
