Key Facts

Key Facts about the sale of Tunrbidge Wells & Rusthall Commons

Key Facts about the Sale of the Commons

Introduction

Tunbridge Wells and Rusthall Commons are a protected village green with significant statutory protections and long-established public rights of access and enjoyment. 

This page summarises some of the key legal and practical considerations relevant to ownership. It is intended as a factual overview only.

1. Statutory protection and village green status

The Commons are:

  • Registered village greens under the Commons Act 2006
  • Registered village greens protected by the Inclosure Act 1857 and Commons Act 1876
  • Subject to the County of Kent Act 1981
  • Governed by historic local legislation including the Tunbridge Wells Improvement Act 1890
  • Subject to local byelaws

Village green status provides particularly strong protection. It is a criminal offence to build on or enclose a village green or undertake works that interrupt its use for recreation.

These statutory protections exist to preserve the Commons for public enjoyment and conservation rather than commercial development.

2. Development and deregistration constraints

Works that prevent or impede public access typically require Section 38 consent from the Secretary of State, even where planning permission exists.

Removal of land from the commons register requires a Section 16 application, which must demonstrate:

  • Public interest benefit
  • Protection of neighbourhood interests
  • Suitable exchange land of equal advantage
  • No harm to conservation or access rights

Such applications are subject to detailed scrutiny and are not routinely granted.

Development potential should therefore be considered within the context of these statutory controls.

3. Planning, environmental and policy constraints

The Commons are subject to multiple overlapping planning and environmental designations including:

  • Site of Special Scientific Interest (Rusthall Common)
  • Local Wildlife Sites
  • Priority habitats including woodland and wood pasture
  • Metropolitan Green Belt
  • Conservation Area
  • Public open space protection policies
  • Location within the setting of the High Weald National Landscape (AONB)

Relevant planning policies typically resist development affecting such land unless exceptional circumstances can be demonstrated.

These layered designations may materially affect assumptions regarding development or commercial use.

4. Biodiversity Net Gain (BNG) considerations

While the Commons may appear suitable for BNG schemes, practical and legal constraints may affect viability.

These include:

  • Village green protections
  • Public access requirements
  • Habitat protections
  • Regulatory consent requirements
  • Long-term monitoring obligations
  • Ongoing management costs

A recent commercial BNG proposal within the last few years affecting part of the Commons was reviewed by the Commons Conservators but not progressed due to the costs of surveys, legal agreements, monitoring and long-term management obligations relative to expected income.

Any BNG proposal would therefore require careful legal and financial assessment before assumptions of viability could be made.

5. Governance and statutory management duties

The Commons are managed by the Tunbridge Wells and Rusthall Commons Conservators under the County of Kent Act 1981.

Their statutory duty is to: maintain and preserve the Commons and keep them free from encroachment.

This framework prioritises conservation and public benefit rather than income generation.

6. Asset of Community Value (ACV) status

The Commons were listed as an Asset of Community Value (ACV) in July 2024.

This recognises their importance to the social wellbeing and recreational life of the community and gives community groups a statutory right to bid if the land is offered for sale.

7. Ownership responsibilities

Ownership involves fulfilling 4 of the 12 conservator roles, which brings ongoing stewardship responsibilities including:

  • Public safety and risk management
  • Tree and land management
  • Infrastructure maintenance
  • Habitat conservation
  • Public liability obligations
  • Engagement with regulators and stakeholders

Ownership should be considered long-term stewardship rather than passive landholding.

Key legislation and policy framework

  • Commons Act 2006
  • Inclosure Act 1857
  • Commons Act 1876
  • County of Kent Act 1981
  • Tunbridge Wells Improvement Act 1890
  • Wildlife and Countryside Act 1981
  • NERC Act 2006
  • National Planning Policy Framework
  • Tunbridge Wells Local Plan