Common Land and Village Greens

Common Land and Village Greens

Common Land and the Commons Act 2006

Part 1 of the Commons Act 2006 requires commons registration authorities to update the commons registers to take account of events affecting the registers since the 1970s which have not been recorded.

Amenity land

 

Commons and Village Greens - Amenity Land at Gardners Meadow Bewdley

 

Commons and Village Greens

Byrd Row, Lenchwick Evesham

Commons and Village Greens - Land at Byrd Row, Lenchwick Evesham

Catshill Marsh

Commons and Village Greens - Land at Catshill Marsh

Hornhill Meadow, Stoney Lane

Commons and Village Greens - Land at Hornhill Meadow, Stoney Lane

Land at Peterbrook Close

Commons and Village Greens - Land at Peterbrook Close

Power Station Road / Worcester Road Stourport on Severn

Commons and Village Greens - Land at Power Station Road / Worcester Road Stourport on Severn

Powick Hams

Wychbold Bottom Green. St Richards Road, Wychbold

Commons and Village Greens - Land at Wychbold Bottom Green. St Richards Road, Wychbold

Deregister Applications

The Landowner Statements

The Growth & Infrastructure Act 2013 has made changes which affect the procedure for making a deposit or a declaration under section 31(6) of Highways Act 1980 and introduces a Section 15A and B to the Commons Act 2006 which allows the submission of landowner statements and a new register in relation to Town & Village Greens.

The landowner statements bring to an end any period of recreational use 'as of right' over land and the existence of such a statement will be recorded in the Landowner Statement Register.

The Council is permitted to charge a fee for each application i.e. for a s.31(6) Highways Act deposits, for declarations under s.31(6) Highways Act 1980 and for landowner statements under s15 Commons Act 2006.

The application form covers in one form both the s.31(6) deposits and declarations and the s.15 landowner statement.

The application fee for each application within the form (and which should accompany the form) will be:

  • £200 for the initial deposit made under Section 31(6) of the Highways Act 1980 by completing Parts A and B of Form CA16; this allows up to 10 parcels of land to be included - please note, applications containing more than 10 parcels of land will incur an additional fee of £100 for every additional 10 parcels
  • £200 for any subsequent declarations made under Section 31(6) of the Highways Act 1980 by completing Part C of Form CA16; this allows up to 10 parcels of land to be included - please note, applications containing more than 10 parcels of land will incur an additional fee of £100 for every additional 10 parcels
  • £350 for the statement under Section 15 of the Commons Act 2006 by completing Part D of Form CA16; this allows for 1 parcel of land of no more than 1 hectare to be included - for each additional parcel of land, or for land areas in excess of 1 hectare please contact the Council for information on fees; this is to cover the cost of placing the statutory notices on site which will be contracted out by the Council and the applicant will be informed of the actual costs of doing so

Applications for section 31(6) Highways Act deposits and declarations under section 31(6) of the Highways Act 1980 can be viewed on our Recording, Changing and Closing Public Rights of Way orders page.

Application to Amend the Register in Relation to a Right of Common

Application should be made for the Register to be amended whenever:

(1) a right of common attached to land has been apportioned, varied, extinguished or released (e.g. on a purchase of part of the land having the benefit of a right)

(2) a right in gross has been transferred (normally by deed)

(3) a right attached to land has been severed from that land by transfer and has become a right in gross (following the House of Lords decision on 17 May 2001 in the case of Bettison v Langton).

To enable the Council as Registration Authority to process an application for amendment without delay, please remember:

  • to complete all the Parts comprised in the form (if you are not sure of the correct information for Parts 4 or 5, please enquire by telephoning 01905 766608 or 766335).
  • in the case of an apportionment, to set out in Part 7 details (e.g. number of animals) of the right claimed in relation to the extent of land acquired. Unless there is specific reference in the transfer deed to an agreed apportionment, the rights would normally be apportioned pro rata to area. The Registration Authority is prepared to advise on the question of what might be appropriate.
  • if the registered rights include estovers, pannage, piscary or turbary, please ask the Registration Authority for guidance, as it is not always appropriate for such rights to be apportioned.
  • to sign and date the application on page 2 as well as to swear the Statutory Declaration on page 3 in the presence of a qualified person (e.g. Solicitor, Licensed Conveyancer or Justice of the Peace).
  • there is currently no charge for making an application.

Make an Application

Application to Deregister Common Land

Commons Act 2006
1. Section 19(2)(a) and
2. Paragraphs 6-9 inclusive of Schedule 2

These sections, respectively allowing for

a) the correction of mistakes made by Commons Registration Authorities (CRA) and
b) the removal of wrongly registered land, were originally intended to be brought into force on 1 October 2014.
However, Defra has advised that their commencement has been delayed until 15th December 2014. The new regulations can be viewed at Legislation.gov.uk website.

On commencement, the following will apply:

Fees

Section 19(2)(a) :No fee is payable in the following circumstances:

1.  if an application is expressed to be made under Section 19 (2)(a) and
2.  the CRA confirms that an error was made by it in the original registration. 

Paragraphs 6-9 Schedule 2:

1. a fee of £2500 will be charged by the CRA in respect of each register unit and
2. applicants should be aware that on any application, two sets of fees may be payable, one for the CRA and another for the Planning Inspectorate (PINS) in the event that the application is referred to the Secretary of State for determination. (PINS fees currently range from £2800 to £3800)

Dates by when applications should be made

Applications under paragraphs 6 and 7 of Schedule 2 must be made by 28 February 2027. There is no time limit for applications under section 19(2)(a).

Application forms

Applicants should use the form that is most applicable to their circumstances, ranging from CA1 to CA15. These are available to download from Defra. Failure to use the correct application form or an application to the CRA by letter will result in the ‘application’ being returned immediately. Any application must be accompanied by the relevant fee. Any maps or plans which are required to accompany the application form must be to the prescribed scale as detailed in the application forms.

Time for determination

There is no specific time for determination of these applications. Applications which are held to be valid will be given attention in the order of receipt. Further information including comprehensive guidance notes and the full list of application forms is available from GOV.UK website.

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