Our team has extensive experience advising developers and landowners in relation to common land law and the risks to development and land values associated with town and village green (TVG) law.

TVG law sounds quaint but actually poses the most serious potential threat to development value in the market in England and Wales. It continues to be underestimated by many landowners and developers. Registration of a site makes building unlawful and there is no compensation for the loss of development value. We have been heavily involved in advising in this area since the growth in applications 18 years ago, and can give clear and pragmatic advice informed by the realities of successfully resisting TVG applications at numerous public inquiries.

Common land is another esoteric area of law, which can also trip up developers. We have advised in variety of scenarios to facilitate development.

Areas of focus

Our expertise in common land law includes the following:

  • Advising on commons de-registration and commons works applications under Commons Act 2006 to facilitate development, including public inquiries and advocacy.
  • Advising on TVG risk for development land and strategies to reduce or eliminate risk as part of an overall development and planning strategy.
  • Advising on objections to TVG applications through written representations and by way of public inquiry, including advocacy.
  • Advising on legal challenge to TVG decisions granting registration of land.

Advising major public and private sector portfolio landowners on TVG risk management strategies, making allowance for the different law in England and Wales.

Successfully opposing numerous TVG applications through written representations and at public inquiry, including advocacy.

Successfully challenging in the High Court a TVG registration for a house builder client.

Successfully negotiating withdrawal of TVG application as part of wider deal and partial voluntary registration.

Applying for common land works and common land deregistration applications for a number of wind farms under Commons Act 2006.

Successfully challenging at an inquiry an application to register land as common land in a pilot area under the Commons Act 2006.

Successfully applying to deregister a 46ha airfield from the common land register under Schedule 2 of the Commons Act 2006 for the airport owner/operator, including overcoming objections to the application at public inquiry.

Meet the team
Julian Boswall

Julian Boswall Partner

  • Energy and Utilities
  • Infrastructure
  • Planning and Compulsory Purchase
Elizabeth Dunn

Elizabeth Dunn Partner

  • Energy and Utilities
  • Infrastructure
  • Real Estate
Patrick Robinson

Patrick Robinson Consultant

  • Energy and Utilities
  • Infrastructure
  • Planning and Compulsory Purchase
Gary Soloman

Gary Soloman Partner

  • Head of Planning and Compulsory Purchase
  • Regeneration and Highways
  • Compulsory Purchase and Compensation

What others say...

I enjoy working with Burges Salmon because they are attuned to the needs of the business. They are approachable, helpful, friendly, supportive. This collaborative approach is invaluable. 
Legal 500 UK 2022

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