Common Land Guidance Sheet 1c
Updated 3 May 2018
Applies to England
© Crown copyright 2018
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1. Works Exempt from the Section 38 consent Process
1.1 Category B Works – Works that are Exempt from the Section 38 consent Process
The Works on Common Land (Exemptions) (England) Order 2007 (SI 2007/2587) defines a number of classes of restricted works for which section 38 consent is not required.
The order recognises the need for exemptions that help people with their day to day management of common land, whilst minimising the scope for any unlawful works which could compromise the cultural, conservation or recreational value, or the openness of the common.
Anyone undertaking exempt works must confirm that those works come within the terms of the exemption by posting a notice on the site and informing the Secretary of State by sending a copy of the notice you post on site to us. There is a standard format for the notice at the Annex to this sheet.
If you intend to carry out exempt works we would encourage you to consult the same people/organisations who are listed in Guidance Sheet 1a so that interested stakeholders are clear that the works you plan are exempt. If works are carried out that are not exempt any person may take enforcement action against them through the courts.