1. Planning
2. Countryside, Access and Environmental Casework
3. Common Land
4. Advertisement and Consultation Requirements

Advertisement and Consultation Requirements

Applications for consent for works or deregistration of commons need to be advertised in the local press, and there is a set consultation period during which the public can comment on the application.

Advertisement and Consultation for applications Section 38 of the 2006 Act

For an application under Section 38, restricted works on common land, a notice following the template at Annex A to the guidance notes must be –

a) advertised in at least one main local newspaper;
b) sent to the following organisations (as listed in Section J of the application form):

• the owners of the land
• the commons council or association (if there is one)
• all known commoners
• others with a legal interest e.g. tenants, those with easements, or other rights over the land
• any relevant parish, district, city or county council
• Natural England
• English Heritage
• National Park Authority (if the proposal is in a National Park)
• AONB Conservation Board or Joint Advisory Committee (if the proposal is in an AONB)
• Open Spaces Society

c) posted at the main points of entry to the common (or, if there are no such places, in a conspicuous place at the site);
d) placed at the inspection point with the application and map.

Advertisement and Consultation for applications Section 16 of the 2006 Act

For an application under Section 16 regarding deregistration and exchange of land, a notice following the template at Annex B to the guidance notes must be –

a) advertised in a main local newspaper circulating in the area in which the release land and any replacement land are situated;
b) sent to the following organisations (as listed in section I of the application form);

• the commons council or association (if there is one)
• all active commoners
• others with an interest in the lands e.g. tenants, those with easements or other rights over the lands
• any relevant parish, district, city or county council
• Natural England (if applicable)
• English Heritage (if applicable)
• National Park Authority (if the lands are in a National Park)
• AONB Conservation Board or Joint Advisory Committee (if the lands are in an AONB)
• Open Spaces Society

c) posted at the main points of entry to the common and the replacement land. If there are no such places, the adverts must be posted at conspicuous places on the boundaries of the lands;
d) placed at the inspection point with the application and the map.

Commenting on Commons Applications

If you wish to comment on an application regarding common land or a town or village green, please write to the address below quoting the name of the common or green concerned. Letters and e-mails should reach us before the date mentioned in the notice published in the local press.

When determining applications for consent for works (under Section 38), or deregistration of common land (under Section 16), The Inspectorate will take the following into account:

• The interests of persons having rights in relation to, or occupying, the land (and in particular persons exercising rights of common over it);
• The interests of the neighbourhood;
• The public interest, including nature conservation, the conservation of the landscape, the protection of public rights of access to any area of land and the protection of archaeological remains and features of historic interest;
• Any other matters considered to be relevant.

We will also have regard to the policy guidance published by Defra in relation to consents issued under the Commons Act 2006. This guidance can be found on the Defra website.

Contact

If you have any questions about the consultation requirements or you wish to make comments on a common land application, please contact the Common Land Casework Team.

Common Land Casework
The Planning Inspectorate
Rm 3/25 Hawk Wing 
Temple Quay House
The Planning Inspectorate
2 The Square
Bristol
BS1 6PN
Email: commonlandcasework@pins.gsi.gov.uk
Tel: 0117 3726210