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Development constraints

Expert legal advice on town and village greens and commons for developers, and landowners.

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We have extensive experience advising developers and landowners in relation to the risks to development and land values associated with town and village green and common land designations.

Town and village green law poses one of the most serious potential threats to development value in the market in England and Wales and continues to be underestimated by many landowners and developers.

Registration of a site makes development of the land unlawful and there is no compensation for the loss of development value.

We have been heavily involved in advising in this area for many years, providing risk assessments and clear and pragmatic advice informed by the realities of successfully resisting town and village green applications at numerous public inquiries.

Common land is another esoteric area of law that can constrain development. We have advised on securing common land consents and have specialist expertise on exchange land applications and other applications to de-register common land in both England and Wales.

Services

Common land consents

Advising on common land consents including de-registration applications under the Commons Act 2006 to facilitate development, including public inquiries and advocacy.

Development and planning strategy

Advising on TVG risk for development land and strategies to reduce or eliminate risk as part of an overall development and planning strategy.

Objections to TVG applications advice

Advising on objections to TVG applications through written representations and by way of public inquiry.

Advising on legal challenge to TVG decisions granting registration of land.

Our team

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Examples of our work

Major public and private sector portfolio landowners

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

House builder client

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

Common land works and common land deregistration

Applying for common land works and common land deregistration applications for a number of renewable energy projects including wind farms under the Commons Act 2006.

Application challenge

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

Civil airport owner and operator

Advising on common land deregistration applications under both Schedule 2 and section 16 of the Commons Act 2006, including written representations, a public inquiry and High Court and Court of Appeal challenges.

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What others say

“Brilliant team that holds its own and has personnel of genuine, sector leading quality and experience.”

Legal 500 UK 2025

“Burges Salmon's advice is always robust and commercially aware.”

Chambers UK 2025

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Insights

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