Common Land - Development, Works and Happenings

Every week the development of common land, works to common land or some "happening" on common land is reported. The reports are sometimes so inadequate in detail that the reader is left with a hazy idea of the true state of the situation. The issue is whether the work, etc is lawful or not.

This post is intended to give the reader some questions (and insights to their answers) which should clarify a report - provided the questions are answered in the report or by subsequent investigation! Later posts will endeavour to illustrate particular problems.

The questions are:

1. Is the land common land?


2. Is there an owner?


3. Has the owner or some other person given permission?


4. Is the development, work or happening lawful?


5. If the development, etc is unlawful, can action be taken to remedy the wrong?

Answer 1 Common land is defined in and and must be registered under the Common Land Act 2006. Some areas of land like common land are excluded from the Act - essentially because they are protected by other means.
Answer 2 All land is owned and the owner (if known) of a parcel of common land will be recorded in the relevant register under the Common Land legislation (not being the Land Registration legislation).
Answer 3 If known, the owner would normally be asked to give consent. However, if a compulsory purchase order is involved the owner may be objecting. In the latter instance it may be appropriate to petition parlliament!
Answer 4 All physical works to common land in England requires the consent for the Secretary of State (unless exempted) under the Common Land legislation. This would be in addition to any planning consent or development consent which may be required under Planning legislation.
Answer 5 By tradition common land is protected by its stakeholders so in most situations the answer should be "yes" - provided the relevant "stakeholders" have the will and the wherewithal!