The Commons (Town and Village Greens) (Trigger and Terminating Events) Order 2014

• Citation: S.I. 2014/257
• Sections: 4

Section 1 Citation, commencement and application

(1) This Order may be cited as the Commons (Town and Village Greens) (Trigger and Terminating Events) Order 2014 and shall come into force on the day after the day on which this Order is made.

(2) The Order applies in relation to England only.

Section 2 Interpretation

In this Order, “the 2006 Act ” means the Commons Act 2006.

Section 3 Amendment of Schedule 1A (Exclusion of right under section 15) to the Commons Act 2006

(1) Schedule 1A to the 2006 Act is amended as follows.

(2) In the second column of the Table, in the entry corresponding to the trigger event set out in paragraph 3, after paragraph (b) insert—

(c) The period of two years beginning with the day on which the document is published for consultation expires.

(3) In the second column of the Table, in the entry corresponding to the trigger event set out in paragraph 5, after paragraph (b) insert—

(c) The period of two years beginning with the day on which the proposal is published for consultation expires.

(4) After paragraph 7 insert—

(b) The order is adopted by resolution of the local planning authority (and, accordingly, comes into effect by virtue of paragraph 3 of Schedule 4A to the 1990 Act) (but see paragraph 7B of this Table).

(c) The period of two years beginning with the day on which the draft is published for consultation expires.

(a) Where the order includes (by virtue of section 61C(1) of the 1990 Act ) provision which, however expressed, has the effect that the grant of permission ceases to apply on a particular day, that day passes.

(c) A revision of the order prepared under paragraph 2 of Schedule 4A to that Act which provides that operational development of the land is no longer permitted is adopted.

(d) A direction is given under provision included in the order by virtue of section 61C(2) of that Act specifying that the permission granted by the order does not apply in relation to the land.

(a) The draft is withdrawn under paragraph 2(1) of Schedule 4B to the 1990 Act or treated as so withdrawn by virtue of paragraph 2(2) of that Schedule.

(b) The order is made under section 61E(4) of that Act (but see paragraph 7D of this Table).

(c) The period of two years beginning with the day on which the draft is published for consultation expires.

(a) Where the order includes (by virtue of section 61L(1) of the 1990 Act ) provision which, however expressed, has the effect that the grant of permission ceases to apply on a particular day, that day passes.

(b) Where the order provides (by virtue of section 61L(5) of that Act) that development permitted by the order must begin before the end of a specified period, that period expires without the development having been begun.

(5) After paragraph 9 insert—

(b) In circumstances where the direction is refused, all means of challenging the refusal in legal proceedings in the United Kingdom are exhausted.

(6) In the definitions given under the cross-heading “Interpretation”, before the definition of “the 1990 Act” insert—

“operational development” means any development within the meaning of the 1990 Act other than development which consists only of the making of a material change in the use of any buildings or other land;

(7) In the notes to the Table, at the end insert—

(3) Paragraph (a) of the entry in the second column corresponding to paragraph 7B does not apply in circumstances where development of the land may be completed by virtue of provision made in the local development order under section 61C(1) of the 1990 Act.

(4) Paragraphs (b) to (d) of the entry in the second column corresponding to paragraph 7B do not apply in circumstances where development of the land may be completed by virtue of provision made in the local development order under section 61D(1) of the 1990 Act.

(5) Paragraph (a) of the entry in the second column corresponding to paragraph 7D does not apply in circumstances where development of the land may be completed by virtue of provision made in the neighbourhood development order under section 61L(1) of the 1990 Act.

(6) Paragraph (c) of the entry in the second column corresponding to paragraph 7D does not apply in circumstances where development of the land may be completed by virtue of section 61L(7) of the 1990 Act.

Section 4 Application of the amendments made to Schedule 1A by article 3

(1) For the purposes of section 15C of the 2006 Act, it does not matter whether an event specified in Schedule 1A to that Act by virtue of the amendments made by this Order occurred before or on or after the day on which this Order comes into force.

(2) The amendments made by this Order do not apply in relation to an application under section 15(1) of the 2006 Act which is sent before the day on which this Order comes into force.