Common Land in England
There are around 373,570 hectares of registered common land in England (about 3% of the total land area). The term ‘registered’ means land registered under the Commons Registration Act 1965. In general terms, common land is land owned by one person over which another person is entitled to exercise rights of common (such as grazing animals or cutting bracken for livestock bedding), and these rights are generally exercisable in common with others.
Common land should be open and accessible to the public, and the law restricts the kind of works that can be carried out on commons. Works that restrict access, like fencing, or putting down tarmac, for instance, will normally need consent from the Secretary of State. The Commons Act 2006 (the 2006 Act) aims to protect these areas of common land in a sustainable manner, delivering benefits for farming, public access and biodiversity.
The Planning Inspectorate's Role
The Planning Inspectorate is responsible for determining applications under section 38(1) of the 2006 Act to construct restricted works on common land in England, and applications under section 16(1) of the 2006 Act to deregister and exchange common land in England. The Planning Inspectorate is also responsible for determining similar types of common land applications made under other relevant legislation and for applications to deregister and exchange registered town or village green land. All applications are determined on behalf of the Secretary of State for the Environment, Food and Rural Affairs (Defra).
This section of our website contains information to help you decide whether consent is needed for what you propose to do and how to apply for it.
Do I need to apply for consent?
What legislation applies to my case?
Who should I consult with before applying?
Learn more about Common Land (Defra website)
Common Land policy guide (Defra website)
