Development of Publicly Enjoyed Spaces - The Key Issues
This webinar considers some of the issues that arise for landowners and developers looking to develop land which may have been in public use.
Assertions as to establish public rights of way, rights of common, rights to enjoy land as a Town or Village Green and as to community value are tools used by those looking to frustrate development aspirations.
It will provide guidance for those advising landowners and developers of land over which the public might assert such rights as to the issues and the tools available to resisting such claims.
The webinar will also consider the key issues following recent developments in case law.
What You Will Learn
This webinar will cover the following:
- The techniques used to impede development
- Registration as a Town or Village Green under Commons Act 2006
- Modifying the definitive map and statement to establish public rights of way across potential development land under the Wildlife and Countryside Act 1981
- Trigger Events
- Assets of community value under the Localism Act 2011
- Objections to disposal or appropriation of publicly owned space under the Local Government Act 1972
- Case law update
- When is use ‘by right’ as opposed to ‘as of right’?
- How does one ascertain the relevant statutory holding power?
- What is ‘statutory incompatibility’?
- Byelaws and implied permission
- Landowner responses:
- Landowner statements under Highways Act 1980 s.31 (6) and Commons Act 2006
- Extinguishment and diversion of rights of way
- Key information to ascertain from landowners seeking to resist an application or Order relating to public access rights
This webinar was recorded on 22nd August 2019