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26 lines
14 KiB
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<?xml version="1.0"?>
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<cms:item xmlns:cms="http://www.arsdigita.com/cms/1.0" xmlns="http://www.esd.org.uk/standards/esdbody" oid="[com.arsdigita.cms.contenttypes.ESDService:{id=649}]"><cms:name>planning-649</cms:name><cms:language>en</cms:language><cms:title>Statutory register - common land and village greens</cms:title><cms:dublinCore oid="[com.arsdigita.london.cms.dublin.DublinCoreItem:{id=649}]"><cms:name>planning-649-dublin-metadata</cms:name><cms:dcAudience>Householder</cms:dcAudience><cms:dcCoverage>content="99XX" scheme="ONS SNAC"</cms:dcCoverage><cms:dcCoveragePostcode/><cms:dcCoverageSpatialRef/><cms:dcCoverageUnit/><cms:dcDateValid/><cms:dcDisposalReview/><cms:dcLanguage>en</cms:dcLanguage><cms:dcTemporalBegin/><cms:dcTemporalEnd/><cms:dcCreatorOwner>LAWS Project - Starter Kit - http://www.laws-project.org.uk</cms:dcCreatorOwner><cms:dcCreatorContact>LAWS Project - Starter Kit - http://www.laws-project.org.uk</cms:dcCreatorContact><cms:dcPublisher>Tameside MBC - LAWS project - http://laws.tameside.gov.uk</cms:dcPublisher><cms:dcRights/><cms:dcKeywords>statutory, register, common, land, village, greens</cms:dcKeywords></cms:dublinCore><cms:textAsset oid="[com.arsdigita.cms.TextAsset:{id=649}]"><cms:content><![CDATA[<h2>Environmental Services</h2><span class="gen">email address here</span><span class="gen">phone number here</span><span class="gen">sms phone number here</span><span class="gen">fax number here</span><span class="gen">minicom number here</span><p><i>As a Commons Registration Authority, we are responsible for maintaining the Registers of Common Land and Village Greens. </i></p><hr/><p>This includes updating the registers when ownership of common rights change, or where rights are apportioned (although the circumstances in which we can amend the registers are limited). We amend the registers when we are notified by the Land Registry of changes in ownership of land and we can amend the registers in some instances to show changes in address. We are also responsible for registering "new" village greens. </p><p>This register is a statutory document (Commons Registration Act, 1965) and shows all such registered land in our area. Each area of common land and town or village green is listed in the registers under a unique 'unit number'. A 'CL' prefix defines the land as common. Likewise, a 'VG' prefix defines the land as town or village green.</p><p>
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Each unit number in the register is divided in three sections showing details of:
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</p><p>
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<strong>Land - </strong>This includes a description of the land, who registered it and when the registration became finally registered. There are also related plans which show the boundaries of the land.</p><p>
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<strong>Rights - </strong>This includes a description of the rights of common (i.e. the right to graze 100 sheep), over which area of the common they are exercisable, the name of the person (the 'commoner') who holds those rights, and whether the rights arise by virtue of a separate land ownership by the commoner (i.e. they 'attach' to land).</p><p>
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<strong>Ownership </strong> - This includes details of owners of common land. However, entries in this section of the registers are not held to be conclusive.</p><p>The registers are available for public inspection. You can make an appointment to view the registers by using the contact details above. Copies of the registers can be provided on payment of a fee (currently £<span class="gen">enter amount</span> per page, plus VAT).</p><p>We also carry out searches of the registers and provide certificates. Normally, a search is carried out when a property is being bought or sold. The current fee for a search is £<span class="gen">enter amount</span>, with additional £<span class="gen">enter amount</span> increments payable in certain circumstances, dependent upon the number of plots of land included in the search. We do not provide search forms, but they are available from law stationers. Search certificates will reveal whether land is registered as common or village green, if there are rights of common, and whether or not ownership is registered. For further information about searches, please use the contact details above. </p><h2>What is Common Land? </h2><p>Common land is land, usually in private ownership, that has rights of common over it. The main features of common land are that it is generally open, unfenced and remote - particularly in the upland areas of England and Wales. However, there are some lowland areas of common, particularly in the south-east of England, that are important for recreational uses. </p><p>Currently, the general public have no rights to go onto common land unless the land is an urban common, or is crossed by public rights of way (and they follow the line of the right of way). However, the government's proposals (in the
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<a href="http://www.defra.gov.uk/wildlife-countryside/cl/">Countryside and Rights of Way Act 2000</a> <span class="gen">link to external website</span>) to permit public access to open countryside in the future will also include access to common land. </p><p>The
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<a href="http://www.countryside.gov.uk/">Countryside Agency</a> <span class="gen">link to external website</span> have published maps showing the land (including commons) to which the public will have access. Conclusive maps for the finally mapped areas are expected by 2005 at the latest. </p><h3>Rights of common can include: </h3><ul>
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<li title="*">Grazing sheep or cattle (herbage)</li>
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<li title="*">Taking peat or turf (turbary)</li>
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<li title="*">Taking wood, gorse or furze (estovers)</li>
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<li title="*">Taking of fish (piscary)</li>
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<li title="*">Eating of acorns or beechmast by pigs (pannage) </li>
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</ul><p>The people who are able to exercise the rights listed above are generally known as 'commoners'.</p><p>Common land and rights are a very ancient institution - even older than Parliament itself. They are part of the fabric of life in England and Wales and have their origins in the manorial system.</p><h2>Statutory Protection of Common Land </h2><p>Common Land is protected under several Acts of Parliament. Listed below are brief summaries of the most relevant Acts. You will need to undertake further research if you wish to find out more about specific Acts of Parliament.</p><h3>The Law of Property Act 1925 (Section 194) </h3><p>Under this Section, it is unlawful to construct buildings, erect fences, or carry out any other works which prevent access to common land unless the Secretary of State for the Environment, Food and Rural Affairs has given permission. This applies to all commons (and village greens) which had rights of common over them on 1st January 1926. In deciding whether or not to give permission, the Secretary of State has to take into account the benefits to the neighbourhood and to any private interests in the land.</p><p>This section does not apply to works authorised by Acts of Parliament, the winning and working of minerals, or any telegraphic line as defined in the Telegraphic Act, 1878. A Section 194 application to the Secretary of State would need to be made in addition to any normal planning application to the local planning authority which might be necessary. Application forms are available from: </p><p> Department of the Environment, Food and Rural Affairs <br/>
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Temple Quay House <br/>
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2 The Square <br/>
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Temple Quay <br/>
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Bristol <br/>
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BS1 6EB <br/>
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Tel. 0117 3728006</p><p>Where permission has not been obtained and works have been carried out, an application may be made to the County Court by either the owner of the land, the commoners, or a County or District Council for the removal of the works and restoration of the land to its original condition. A right of appeal against any decision of the Court exists.</p><h3>The Law of Commons Amendment Act 1893 (Section 2) </h3><p>Any inclosure or approvement of a common (removal of common rights and enclosure of the land) is not lawful unless the Secretary of State for the Environment, Food and Rural Affairs has granted permission. In deciding whether or not to give permission, the Secretary of State will consider the proposal in relation to the benefit to the neighbourhood, why it is necessary to use the common land, the number of common rights exercised over the land, and what sufficiency there is for exercise of rights (i.e. is the land currently capable of supporting more grazing rights than there are being exercised).</p><h3>National Trust Acts 1907 (Section 29) and 1971 (Section 23) </h3><p>Section 29 of the 1907 Act requires the National Trust to keep all commons or commonable land open and unbuilt on as open spaces for the recreation and enjoyment of the public. There are some exemptions for certain works or improvements to promote the enjoyment of such land. Section 23 requires the Secretary of State's permission to be given for any buildings or other works on National Trust owned commons or commonable land if public access to is likely to be prevented or impeded. Some works of improvement to permit better public enjoyment of such land are exempted.</p><h3>Caravan Sites and Control of Development Act 1960 (Section 23) </h3><p>This enables Councils to ban the siting of caravans for human occupation on common land. It does not apply to urban commons (those to which the public have legal access), commons subject to a scheme of management, or land where a site licence is in force.</p><h3>Road Traffic Act 1988 (Section 34) </h3><p>This makes it unlawful for a person to drive a motor vehicle on any common land (as well as some other types of land ) without lawful authority (usually, this would be the permission of the landowner). It is not an offence to drive on land in emergency situations. Nor is it an offence under the Act to drive within fifteen yards of the road to park the vehicle on land. However, in the case of common land, byelaws preventing driving or parking may apply. Parking or driving of a vehicle on the land without the landowner's permission would also constitute trespass.</p><h3>Vehicular Access </h3><p>Section 68 of the Countryside and Rights of Way Act, 2000 permits the grant of statutory easements for vehicular access over land (including common land and village greens) where it is currently an offence to drive a vehicle, subject to certain qualifying criteria being met. Regulations now made by the Secretary of State include provisions for the grant of easements, compensation to be paid by the property owner to the landowner, dispute resolution procedures, etc. </p><h2>What is a Town or Village Green? </h2><p>Town or village greens share a similar history to common land. However, they are defined separately for the purposes of the Commons Registration Act 1965.</p><p>Village greens are usually areas of land within defined settlements or geographical areas which local inhabitants can go onto for the exercise of lawful sports and pastimes. Typically, these might include organised or ad-hoc games, picnics, fetes and other similar activities. Whilst land forming town or village greens may be privately owned, many greens are owned and maintained by local Parish or Community Councils. Some greens may also have rights of common (i.e. grazing of livestock) over them.</p><h2>Statutory Protection of Village Greens </h2><p>Village greens enjoy statutory protection under two nineteenth century Acts: </p><h3>Inclosure Act 1857 (Section 12) </h3><p>Under this section, it is a criminal offence for any person to damage any fence of a town or village green; or wilfully and without lawful authority to put animals or cattle on the green; or wilfully to place any materials upon the green or do anything to interrupt the use or enjoyment of the green as a place for recreation and enjoyment. Offences are summary in nature and are tried in the Magistrates' Courts.</p><h3>Commons Act, 1876 (Section 29) </h3><p>Under this section, encroachments or enclosures, or the placing of any structures upon town or village greens, are a public nuisance. Work carried out with a view to better enjoyment of the town or village green or recreation ground (i.e. linked to enhancing its recreational use) is not unlawful.</p><p>In both the above instances, legal action would be brought in the Magistrates' Courts. An action may be brought under Section 12 of the Inclosure Act, 1857 by either the Parish/Community Council (or the District Council if there is no Parish Council), or the landowner. In the case of Section 29 of the Commons Act, 1876, the process is the same as for the Inclosure Act, but an action can also be brought by any inhabitant of the Parish.</p><p>The likely outcome of any successful prosecution in the Magistrates' Courts would be a fine upon the person responsible for the encroachment or works.</p><h3>Vehicular Access </h3><p> Section 68 of the Countryside and Rights of Way Act, 2000 permits the grant of statutory easements for vehicular access over land (including common land and village greens) where it is currently an offence to drive a vehicle, subject to certain qualifying criteria being met. Regulations now made by the Secretary of State include provisions for the grant of easements, compensation to be paid by the property owner to the landowner, dispute resolution procedures, etc.</p><span class="gen">email address here</span><span class="gen">phone number here</span><span class="gen">sms phone number here</span><span class="gen">fax number here</span><span class="gen">minicom number here</span><span class="gen">postal address here</span><h3>
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<a href="/ccm/services/pid.jsp?pid=649"> Providing Information
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(649)
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</a></h3>]]></cms:content></cms:textAsset></cms:item>
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