Transcript Overview - Open Spaces Society

Session 5
Commons and Access
Nicola Hodgson
and
Kate Ashbrook
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Commons Act Part 3: Works
We need your help
• To ensure the public have access to common land
• Local knowledge invaluable
• OSS are statutory consultees
• Local correspondent input vital
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Commons Act 2006, Part 3
Commons Act 2006, Part 3
Works on common land and exemptions:

Sections 38 and 39 of the Commons Act 2006

Consent required from the Secretary of State for
Environment, Food and Rural Affairs
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Works on common land
What we shall cover
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Rules for works on common land
Procedure to follow
Use of exemptions
Exchange land
Taking action against unlawful works
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Rules for works
on common land
Section 38 of the Commons Act 2006
 replaces Section 194 of the Law of Property Act 1925
 applies to all registered commons, those regulated under
the Commons Act 1876, Metropolitan Commons Act
1866, and Commons Act 1899, and New Forest.
 Also applies to all village greens which are regulated
under the Commons Act 1899.
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Rules for works
on common land
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Restricted works need Secretary of State consent
Works which prevent or impede access to or over land,
to include:
fencing, building and other structures, ditches and
embankments
Works for resurfacing e.g. concrete, tarmac
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National Trust
Commons

Governed by Section 23 of the National Trust Act 1971
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Section 38 consent is required
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Procedure to follow
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For all but minor works, applicant should consult before
submitting application
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Procedure to follow
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Submit application to Planning Inspectorate
Forms and guidance notes on PINS website
http://www.planningportal.gov.uk/planning/countryside/
OSS is a statutory consultee
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Procedure to follow
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Objections submitted to PINS
PINS will consult applicant and communicate with
objectors
PINS will determine application by written
representations, a hearing or a public inquiry
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Procedure to follow
In deciding whether to give consent, PINS will have regard
to:
 Interests of those with rights on the land
 Interests of the neighbourhood
 The public interest (includes nature and landscape
conservation, public access rights, archaeological and
historic interest)
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Procedure to follow
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PINS can amend the application
PINS will take account of previous consents on land and
Defra policy guidance
Consent may be given for retrospective applications
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Exemptions
Grazing:
temporary fencing up to 6 months,
up to 10ha or 10% of commons
Restoration:
temporary fencing up to 3 years
Nature conservation: temporary fencing up to 5 years
Prevent vehicular
access:
row of obstacles
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Exemptions
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Applicant must send notice to PINS who display it on
their website but no requirement to display map
Onus on applicant to obey law
If applicant exceeds the exemption provisions, in time or
extent, the works are unlawful
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Exemptions

Exemptions useful to
test effect of grazing,
e.g. Turville Heath
Common, Bucks,
Chorleywood Common
for growth of
vegetation
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Works on common land
Exchange land

Section 16 Commons Act 2006

Deregistration and exchange land

Applies to common land and village greens
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Works on common land
Exchange land: Criteria

Area of land more than 200sqm, the application must
include exchange land
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Area of land less than 200 sqm, the application may
include exchange land
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The replacement land must not already be registered as
common land or village green
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Works on common land
Exchange land: Process
Application is made to PINS who must have regard to
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The interests of those with rights or occupying the
release land
The interests of the neighbourhood
The public interest
Any other matter considered to be relevant
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Works on common land
Exchange land
Successfully resisted application to deregister and
exchange common land at Crowborough Common, East
Sussex
The land is owned by Crowborough Golf Club
and in 2006 and 2007 OSS initially raised
concerns that the public had the right to use
the land for air and exercise under section 193
of the Law of Property Act 1925. This led to
signs being erected to inform the public that it
could use the land.
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Works on common land
Exchange land
The golf club made an application in 2008 (under section 16 of
the Common Act 2006) to deregister part of the land and provide
exchange land. We objected to the application and OSS support
boosted local opposition in objecting
to the application to deregister nearly
four acres of the common to make
way for building development.
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Works on common land
Exchange land
The application would have meant a loss of amenity for local
people as the proposed exchange land was inaccessible, further
from the town and would lead to fragmentation of the common.
We encouraged local people to object
and the opposition became so strong
that the first day of the inquiry had to
be adjourned as there was not enough
room for all the local people who
wanted to attend.
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Works on common land
Exchange land
The inspector concluded that ‘in terms of amenity and views, the
replacement land would not
be as valuable to the
neighbourhood as the
release land.’
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Works on common land
Exchange land
The land has been saved for community use and has resulted in the
formation of a strong local group for the benefit of the community as a
whole. The local group, ‘Save our Common’ now has a website
www.crowboroughcommon.org.uk.
It has made a proposal to the
landowner that a ‘Friends of
Crowborough Common’ be set up to
promote the conservation,
maintenance, protection and peaceful
enjoyment of the common
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Campaign success
Before our campaign
Barriers gone
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