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Open Spaces Society 27 November 2014 Chiltern Commons Project Training Workshop Commons and the Law Nicola Hodgson Case Officer, Open Spaces Society 27 November 2014 1 Session 1 Specific Commons Legislation and an Overview of the 2006 Commons Act 2 What I will cover . What are commons . Why are they important . How do you find out what your rights are on commons 3 What are commons? . All commons are owned. Land on which others have rights: . grazing . collecting wood . digging peat . taking bracken and furze . People needed commons for their survival 4 Why commons matter Commons are a remarkable survival. c600,000 hectares in England and Wales. All land types and habitats. All shapes and sizes. 5 Public interest Commons have immense public interest . over 88% by area in England are designated for wildlife, landscape, archaeology . 55% are SSSI . 48% by area in national parks . 31% by area in AONBs . nearly 100% open access land . 11% of scheduled ancient monuments are on common land. 6 Inclosures . Once much of the land was common. Then came the inclosures. The peasants were squeezed. Commons were much reduced. 7 The Victorian Era . 1865 Commons Preservation Society was born. Fought to save London Commons. Helped save Hampstead Heath, Epping Forest, Wimbledon Common from destruction. 8 Legislation 1 Laws recognise public interest . Metropolitan Commons Act 1866 Prevented enclosure within Metropolitan Police District. Commons Act 1876 Inhabitants can play games ‘Benefit of neighbourhood’ test for works. 9 Legislation 2 Commons Act 1899 . Local authorities can manage and improve commons in public interest. Standard bylaws . Inhabitants have rights of access – extended by CRoW Act 2000 to everyone eg Austenwood Common, Bucks 10 Legislation 3 National Trust Act 1907 . NT commons to be kept unenclosed and unbuilt on, as open spaces for public recreation 11 Legislation 4 Law of Property Act 1925 . Right to walk and ride on ‘urban’ commons and those with a deed of access (section 193). Clarification that works on commons need Secretary of State consent (section 194). National Trust Act 1971 . Clarifies law relating to works on NT land 12 Royal Commission Royal Commission on Common Land 1958 recommended: . registration (CRA 1965) . access (CRoWA 2000) . management (Commons Act 2006). 13 Registration The Commons Registration Act 1965 . Allowed only 3 years for registration of land, rights and owners. Much was omitted. Some was registered wrongly. Registers incomplete and hard to follow. Once concluded, no way of correcting. 14 Access . Countryside and Rights of Way Act 2000 gave public right to walk on all registered commons and mapped areas of mountain, moor, heath and down in England and Wales. Did not apply to land already subject to rights of access (section 15). Higher rights can be dedicated on any land by landowner in perpetuity (section 16). 15 Management plus Commons Act 2006 led to: . commons councils . clarification of law on works . amendment of registers . (clarification for new village greens) 16 How do we find out about our rights? . Notices on land . Check with commons registration authority (county or unitary authority) . Deed at the Public Records Office . MAGIC website http://www.magic.gov.uk/ . Natural England countryside access website: www.naturalengland.org.uk/ourwork/enjoying/places/op enaccess/default.aspx 17 MAGIC . MAGIC website http://www.magic.gov.uk/Choose interactive map. From ‘select topic’ drop-down box, choose ‘design my own topic’. Select Countryside and Rights of Way Act section 15 land (England) and press ‘done’ button at top right. Choose the area you are interested in, agree terms of use and click ‘open map’. 18 Registration: Commons Act 2006, part 1 The opportunities under the Commons Act for correcting the register, and the registration of lost commons and how to go about it 19 Why is this important? . To add extra land for public access . The land gains additional protection . Local knowledge invaluable 20 Nine Pioneer Areas . Blackburn with Darwen borough . Cornwall county . Cumbria . Devon county . Herefordshire district . Hertfordshire county . Lancashire county . Kent county . North Yorkshire 21 Applications Applications under Part 1 of the Commons Act 2006 Making an application . Decide what type of application you want to make . Contact your registration authority to obtain the relevant application form . Complete the application, including evidence, maps . Submit application form to your commons registration authority 22 Type of application . Part 1 enables applications to amend the registers of common land and town and village greens . To record new events section 6 – 15 . To record historic events . To rectify the register - Non registration and mistaken registration 23 Application under schedule 2 (4) All the forms available on the CRA websites in the nine pioneer areas are a standard format, ten parts Four are of particular importance Part 5: Reason for applying to correct the register Part 6: Description of the land Part 8: List of supporting documentation Part 9: Other information relating to the application information 24 Schedule 2 (4) Commons Act 2006: Schedule 2(4) See information sheet in folder 25 Criteria 1. Provisional registration, objection and cancellation 2. Manorial status 3. Current status as ‘waste land of a manor’ 4. List of supporting documents 26 Cornwall – Carmine Common . First decision made under Schedule 2 (para 4) . Land has been added to the common land register 27 New Provisions . From 15 December 2014 Section 19(2)(a) and paras 6-9 of Schedule 2 of the 2006 Act will take effect throughout England to allow respectively for the correction of mistakes made by the authority and the removal of wrongly registered land. 28 New Provisions . Defra have issued a factsheet https://www.gov.uk/government/uploads/system/uploads /attachment_data/file/218781/correct-register- factsheet.pdf and this is also covered in the society’s information sheet: http://www.oss.org.uk/wp-content/uploads/2014/09/C19- Commons-Act-2006-Part-1-Registration.pdf 29 Guidance . OSS information sheets: http://www.oss.org.uk/what-we-do/publications/free- publications-and-information-sheets/ http://www.oss.org.uk/wp-content/uploads/2014/07/A8-New- Opportunity-to-rescue-lost-commons.pdf . Planning Inspectorate http://www.planningportal.gov.uk/planning/countryside/commo nland/decisions 30 Guidance . Defra: https://www.gov.uk/common-land-management-protection- and-registering-to-use https://www.gov.uk/government/uploads/system/uploads/attac hment_data/file/245692/pb13660-applicants-pilot-guidance.pdf 31 Guidance . Defra: https://www.gov.uk/common-land-management-protection- and-registering-to-use Commons re-registration website: www.commonsreregistration.org.uk. 32 IN CONCLUSION . Through the ages commons have been places of shared use. They still exist for all to enjoy. 33 Session 2 Works that can/cannot be carried out on common land 1 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 2 Works on common land What I shall cover . Rules for works on common land . Procedure to follow . Use of exemptions . Exchange land . Taking action against unlawful works 3 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. 4 Rules for works on common land . 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 5 National Trust Commons . Governed by Section 23 of the National Trust Act 1971 . Section 38 consent is required 6 Procedure to follow . For all but minor works, applicant should consult before submitting application 7 Procedure to follow . Submit application to Planning Inspectorate . Forms and guidance notes on PINS website . http://www.planningportal.gov.uk/planning/countryside/ . OSS is a statutory consultee 8 Procedure to follow . 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 9 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) 10 Procedure to follow . 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 11 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 12 Exemptions . 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 13 Exemptions . Exemptions useful to test effect of grazing, e.g. Turville Heath Common, Bucks, Chorleywood Common for growth of vegetation 14 Session 3 Process for exchange of common land 1 Works on common land Exchange land . Section 16 Commons Act 2006 . Deregistration and exchange land . Applies to common land and village greens 2 Works on common land Exchange land: Criteria . Area of land more than 200sqm, the application must include exchange land . Area of land less than 200 sqm, the application may include exchange land . The replacement land must not already be registered as common land or village green 3 Works on common land Exchange land: Process Application is made to PINS who must have regard to .
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