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Landowner statements, highways statements and highways declarations

Landowner statements

Landowner statements allow landowners to stop their land being registered as a town or village green, providing a statement is deposited before there has been 20 years recreational use of the land 'as of right'. The statement includes a written statement and a map.

Part of the criteria for registering new town or village greens is that the land has been used 'as of right' for at least 20 years. A landowner statement stops any recreational use 'as of right' over the land shown on the map and described in the statement.

For land which has been subject to recreational use 'as of right' for 20 years or more before a landowner statement is deposited, the deposit of a statement would cause a 1 year period of grace for greens applications, where use of the land 'as of right' has stopped. 

How long is the landowner statement and declaration valid for?

The deposit of a landowner statement does not stop a new period of use starting, therefore if use 'as of right' of the land were to continue, a new 20 year period could begin to grow.

However, if a further landowner statement is deposited within 20 years of the previous deposit, it will again stop recreational users of the land reaching the 20 years' qualifying use.

What does 'as of right' mean?

'As of right' means without permission, without force and without secrecy.

Highways statements and highways declarations

Highways statements and highway declarations allow landowners to stop their land being recorded as highway on the definitive map on the basis of presumed dedication. 

Presumed dedication means if the public has used land as a way (e.g. as a restricted byway) without force, secrecy or permission for 20 years and the landowner did not interrupt that use, it could be presumed that the land is a highway. 

A highways statement or highways declaration has to be followed by a highway declaration within a 20 year period (as of 1st October 2013). 

Is my previous highways statement or highways declaration still valid?

The 20 year period does not apply to highways statements deposited and highways declaration lodged before 1 October 2013. The old rules still apply for any highways statement or declaration submitted before this date, therefore a following declaration should be lodged within 10 years of the initial or previous deposit.

South Tyneside Council still holds the register for deposits made before 1 October 2013. To view the deposits go to Public rights of way registers.

Submit a landowner statement, highways statement, or highway declaration

Highway statements, highway declarations and landowner statements can be submitted to the local authority using a CA16 Application Form43.53KB.

For more information on landowner statements, highway statements and highway declarations, and guidance on completing the form, please see Guidance for CA16 application form119.56KB.

Register

Any landowner statement, highways statement or highways declaration submitted after 1 October 2013 must be recorded in the appropriate register.

At the present time, no deposits have been made after 1 October 2013. 

The register contains landowner statements, highways statements and highway declarations deposited with South Tyneside Council.

A paper copy is available for inspection at:

Town Hall and Civic Offices
Westoe Road
South Shields
Tyne and Wear
NE33 2RL

Cost

The Council charges £356 for processing an application for a landowner statement, highways statement and/or highways declaration in respect of a single parcel of land.

If the application relates to more than one parcel of land, the Council charges £280 for each additional parcel.

For more information about submitting landowner statements, highways statements and highway declarations, please contact either the Highways and Infrastructure Team or Legal Services on 0191 427 7000 or email countryside@southtyneside.gov.uk.

 

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