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Certain types of works on common land need the Secretary of State鈥檚 consent under Section 38 of the Commons Act 2006. Where land is owned by the National Trust consent is needed under Section 23 of The National Trust Act 1971 鈥� see聽Guidance Sheet 2a. Where land is owned and managed by a London Borough Council consent is needed under Article 12 of the Ministry of Housing and Local Government Provisional Confirmation (Greater London Parks and Open Spaces) Act 1967 鈥� see聽Guidance Sheet 2d. An alternative option would be to seek consent to deregister the common (or part of it) under Section 16 of the Commons Act 2006. Some works are exempt from the need for consent and some works are considered by the Secretary of State to not need consent. It is ultimately up to the person wishing to carry out works to be satisfied as to whether consent is needed; please see the guidance sheets Nos 1 to 12 listed below.

Once a decision is issued for an application to carry out works on common land or to deregister common land or village green land there is no power to amend or change it in any way. There is no right of appeal against a decision but it may be challenged by applying to the High Court for permission to seek judicial review within 3 months of the date of the decision. Decisions are therefore final unless successfully challenged in the High Court. The Planning Inspectorate can only reconsider a decision if a challenge is successful and the decision is returned for re-determination. Interested parties may wish to get legal advice before making such an application to the High Court.聽Interested parties can find out whether a case has been challenged by another party by contacting the Administrative Court at The Royal Courts of Justice, Queen鈥檚 Bench Division, Strand, London, WC2A 2LL ([email protected]).

Applications for consent to carry out works on common land

The application form and guidance notes on how to complete the form for consent to carry out works on common land.

Deregistering Common Land or a Village Green

The application form and guidance notes on how to complete the form regarding deregistering common land or village green land.