From the Planning Inspectorate, 2021

Dear ...

Thanks for your email.

You are correct that if a village green is subject to a scheme of management under the Commons Act 1899 it is also subject to s38 of the Commons Act 2006 and Secretary of State consent is therefore needed to carry out restricted works (including ‘buildings and other structures’).

Applications may be made retrospectively (for works ‘which have been commenced or completed’).  The application process is the same as for proposed works.  The application guidance is at the link .https://www.gov.uk/government/publications/application-form-for-consent-to-construct-works-on-common-land

However applicants should note that Town and village greens (T&VG) are protected by section 12 of the Inclosure Act 1857 and section 29 of the Commons Act 1876. Section 12 makes it a criminal offence to do anything which injures a green or interrupts its use as a place for exercise and recreation. Section 29 also makes it an offence to permanently encroach upon or inclose a green, or to build upon or disturb the soil of a green otherwise than with a view to its better enjoyment.

Applicants should also note that consent under section 38 does not authorise works which constitute an offence under sections 12 or 29.

The text in italics above is taken from published Guidance Sheet 2b – Works on Town and Village Greens, which is available in full at the link below https://www.gov.uk/government/collections/common-land-guidance

You may also wish to consult Guidance Sheet 12 – Enforcement against unlawful works (also available at the link above).

Yours sincerely

…….

Operations Officer - DEFRA Team
The Planning Inspectorate