Works on Common land and Deregistering Common Land: guidance
Works on common land and deregistering common or village green land
Certain types of works on common land need the Secretary of State’s 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 – see 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 – see 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 it is ultimately up to the applicant to determine 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. 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’s Bench Division, Strand, London, WC2A 2LL (generaloffice@administrativecourtoffice.justice.gov.uk).
Applications for consent to carry out works on common land
The application form and guidance notes on how to complete the form for consent under Section 38 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 a village green (under Section 16).
Guidance on carrying out works on common land
Updates to this page
Published 1 January 2015Last updated 6 January 2025 + show all updates
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First 2 paragraphs updated with better advice.
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Coronavirus (COVID-19) advice added
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Introduction wording updated.
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Guidance sheet 13 added to collection
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First published.