In this second part of my mini-series of articles reflecting on ACVs, I compare the legal tests required for village greens and ACV. Previously, I looked at whether an informal open space can be classed as an ACV. Finally, I will be looking ahead to the future battle between ACVs and development in the next and final instalment.
Legal tests for village greens vs ACVs – What are the differences?
There are some significant differences between the legal requirements to apply and register an informal open space as a village green compared to the looser and easier requirements for a listing of an ACV.
These are summarised below:
Community use ceases (such as by fencing)
|Period of past community use|
Intentions and actions of the landowner ('as of right vs 'by right')