Lord Lexden – 2016 Parliamentary Question to the Department for Environment, Food and Rural Affairs
The below Parliamentary question was asked by Lord Lexden on 2016-10-10.
To ask Her Majesty’s Government what consideration they have given to amending section 29 of the Commons Act 1876 to ensure that a parish council which erects a bus shelter on a village green is not liable to prosecution.
Lord Gardiner of Kimble
Town or village greens are an intrinsic part of the English community and from their earliest use have been a place where communities come together, celebrate fairs and festivals and take part in sporting and social activities. The Commons Registration Act 1965 provided for town or village greens to be registered and to secure permanent protection.
Town or village greens are protected under section 12 of the Inclosure Act 1857 or section 29 of the Commons Act 1876 which means that works may not be carried out which could damage the green or interrupt its use as a place for exercise and enjoyment.. The Government has no plans to amend section 29 of the Commons Act 1876 but a Parish Council may carry out works where they would improve the enjoyment of the green and have received any other necessary planning permissions from the local planning authority.
