1. 1 Session 5 Commons and Access Nicola Hodgson and Kate Ashbrook

2. 2 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

3. 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

4. 4 Works on common land What we shall cover  Rules for works on common land  Procedure to follow  Use of exemptions  Exchange land  Taking action against unlawful works

5. 5 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.

6. 6 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

7. 7 National Trust Commons  Governed by Section 23 of the National Trust Act 1971  Section 38 consent is required

8. 8 Procedure to follow  For all but minor works, applicant should consult before submitting application

9. 9 Procedure to follow  Submit application to Planning Inspectorate  Forms and guidance notes on PINS website  http://www.planningportal.gov.uk/planning/countryside/ http://www.planningportal.gov.uk/planning/countryside/  OSS is a statutory consultee

10. 10 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

11. 11 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)

12. 12 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

13. 13 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

14. 14 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

15. 15 Exemptions  Exemptions useful to test effect of grazing, e.g. Turville Heath Common, Bucks, Chorleywood Common for growth of vegetation

16. 16 Works on common land Exchange land  Section 16 Commons Act 2006  Deregistration and exchange land  Applies to common land and village greens

17. 17 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

18. 18 Works on common land Exchange land: Process Application is made to PINS who must have regard to  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

19. 19 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.

20. 20 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.

21. 21 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.

22. 22 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.’

23. 23 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. 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

24. 24 Campaign success Before our campaign Barriers gone