Common Land Guidance Sheet 4
Updated 21 May 2018
Applies to England and Wales
© Crown copyright 2018
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Resurfacing works
Consent is not needed for the resurfacing of a common with loose material (e.g. gravel, shingle, crushed stone) so long as it does not impede or prevent public access or does not interfere with rights over the common, e.g. commoners’ rights to graze livestock.
Consent is needed for the resurfacing of a common with a hard surface (e.g.concrete, tarmacadam, coated roadstone).
Specific issues relating to Maintaining and Extending Existing Works are covered by Guidance Sheet 5.
Where consent is needed, you should read Guidance Sheet 1a for further guidance on whether to apply under section 38 or section 16