Commons Bill [HL]

moved Amendment No. 11:"Page 8, line 15, at end insert—" ““(   )   An application under this section must be served within 12 months of the date on which the relevant use of the land has ceased.”” The noble Duke said: My Lords, in moving Amendment No. 11, I shall speak also to Amendment No. 17. This concerns the registration of greens. The amendment deals with a time limit under which that process can take place. The Government have also put time limits in their Amendment No. 16. My point relates to recreational activity taking place over a period of time. Unauthorised or commonplace use of land for sports or pastimes may be ended by a variety of means. The landlord may find out about it and stop it; the land may be sold to someone who does not want the use to continue; or the land may be subject to compulsory purchase. Even if it is not altered, for example, by being ploughed up or built on, the implication is that although the recreational use ceased many years ago, an interested party may apply to have it registered as a town or village green. If the situation is allowed to run on indefinitely, it is a very unfair rule. No one should be subjected to the deprivation of the lawful use of their own property in that way. I am particular concerned about the implications for local authorities which buy land when it becomes available to maintain their land bank or which obtain a compulsory purchase order and put only a portion of the land to permanent use. On Amendment No. 17, I understand from the Minister’s explanations in Committee that the Government intend that the kind of access prohibition referred to is typified by the closures during the foot and mouth disease outbreak. Unfortunately, this Minister and his team will not always be in a position to interpret that meaning and it will run the risk of unintended consequences. I have in mind access to a town or village green that perhaps has been denied for health and safety reasons where the access is across land that is zoned for commercial, industrial or retail development. What about land that has been acquired using public money for the installation of a major roundabout on a trunk route with a plan to use the excess, when it is no longer needed for construction purposes, for a service area? It is perfect possible that the slow grinding of the legal and planning mills has entailed several years when the area that is known as the town or village green has lain fallow and it has not been possible for people to access it. We considered putting a time limit on ““temporary””, but decided, first, to test the Government’s opinion of the problem. Is the Minister prepared to look at a disregard of a maximum of 12 months or would he prefer a form of words that indicated clearly that, for a disregard to work, the original prohibition must have been intended to be temporary. I beg to move.