Advertisement and Consultation Requirements

There are very specific requirements for the person applying for consent or deregistration to advertise their 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 61kb 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 175kb):

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.

If you have any questions about the consultation requirements please contact the Common Land Team.
The Planning Inspectorate
Common Land Casework Team
Zone 4/05
2 The Square
Temple Quay House
Temple Quay
Bristol
BS1 6PN
Email: commonlandcasework@pins.gsi.gov.uk
Tel: 0117 3726210

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 71kb 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 160kb);

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.