Statutory Instruments
2007 No. 2587
COMMONS, ENGLAND
The Works on Common Land (Exemptions) (England) Order 2007
Made
3rd September 2007
Laid before Parliament
7th September 2007
Coming into force
1st October 2007
The Secretary of State, in exercise of the powers conferred by sections 43(1)(b), (7) and (8) and 59(1) of the Commons Act 2006( 1 ), and being satisfied of the matters specified in section 43(3) of that Act, makes the following Order:
Citation, commencement and application
1. —(1) This Order may be cited as the Works on Common Land (Exemptions) (England) Order 2007 and comes into force on 1st October 2007.
(2) This Order applies in relation to England only.
Exemption
2.Section 38 of the Commons Act 2006 (prohibition on works without consent) does not, subject to articles 3 and 4, apply to the carrying out on land registered as common land of any works of a description specified in the second column of the table in Schedule 1, by a person of a description specified in the corresponding entry in the third column of that Table.
Preservation of rights of access
3. —(1) The exemption in article 2 does not apply unless paragraph (2) is complied with.
(2) Where any person or class of persons has a legal right of access to or across the land which the works are to enclose, or to which the works are otherwise to impede access, means of access must be provided which enable that right to continue to be exercised.
Notice of carrying out exempt works
4. —(1) The exemption in article 2 does not apply unless paragraphs (2) and (3) are complied with.
(2) A notice in the form of the model notice in Schedule 2 and containing the information indicated in it must be displayed in a prominent place at the site of the works—
(a) in the case of works described in paragraphs 1 to 3 of the table in Schedule 1, from the commencement of the works until they are removed; or
(b) in the case of works described in paragraph 4 of the table in Schedule 1, from the commencement of the works until at least 28 days after their completion.
(3) A copy of the notice displayed under paragraph (2) must be sent to the Secretary of State not later than the commencement of the works.
Interpretation and transitional provision
5. —(1) In this Order—
“moorland” means any area of land shown coloured pink in the three volumes of maps, each entitled “Moorland Map of England 2006” and marked with the number of the volume, dated 13th February 2006, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the offices of the Department for Environment, Food and Rural Affairs at Ergon House, Horseferry Road, London SW1P 2AL;
“register unit” means the whole of an area of land registered as common land pursuant to a single registration;
“section 38 consent” means consent under section 38 of the Commons Act 2006 to carry out restricted works.
(2) References to “land registered as common land” shall be taken, until the commencement of section 1 of the Commons Act 2006 in relation to the area in which any land in question is situated, as references to land so registered under the Commons Registration Act 1965( 2 ).
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
3rd September 2007
Article 2
SCHEDULE 1 Works exempt from requiring section 38 consent
| Paragraph | Description of works | Description of person carrying out works |
|---|---|---|
| 1. | The erection of temporary fencing (which may include electric fencing) for a period not exceeding six months, to enclose land for the purpose of restricting the movement of grazing animals which are on the land— (a) in the exercise of a right of common to graze animals; or (b) in the interests of nature conservation. | 1. The owner of the land. 2. Any person entitled to exercise rights of common over the land. 3. Any other person acting with the written consent of the owner of the land. |
The exemption in respect of works specified in this paragraph only applies if— (a) the area to be enclosed does not, either by itself or cumulatively with any other areas within the same register unit enclosed without section 38 consent by virtue of this paragraph, exceed the lesser of 10 hectares or 10% of the area of the register unit of which it forms part; and (b) no part of the land to be enclosed has, during the period of 6 months immediately before the works are carried out, previously been enclosed without section 38 consent by virtue of this paragraph. | ||
| 2. | The erection of temporary fencing, for a period not exceeding 3 years if the fence is wholly on moorland or 1 year in any other case, to enclose land for the purpose of— (a) carrying out work which facilitates the growth or restoration of vegetation for the benefit of the common land; or (b) protecting the vegetation during a period of such growth or restoration, in so far as such protection is necessary or expedient to enable the growth or restoration to occur. | 1. The owner of the land. 2. Any person entitled to exercise rights of common over the land. 3. Any other person acting with the written consent of the owner of the land. |
The exemption in respect of works specified in this paragraph only applies if— (a) the area to be enclosed does not, either by itself or cumulatively with any other areas within the same register unit enclosed without section 38 consent by virtue of this paragraph, exceed 1% of the area of the register unit of which it forms part; and (b) no part of the land to be enclosed has, during the period of 1 year immediately before the works are carried out, previously been enclosed without section 38 consent by virtue of this paragraph. |
| 3 | The erection of temporary fencing, for a period not exceeding 5 years, to enclose land in order to restrict access to it in the interests of nature conservation, where that is required under the terms of a written agreement relating to the management of the land, being— (a) an agreement between the owner of the land and Natural England; or (b) an agreement between the owner of the land and the Secretary of State, entered into before the commencement of this Order. | 1. The owner of the land. 2. Natural England. 3. Any other person acting with the written consent of the owner of the land. |
| The exemption in respect of works specified in this paragraph only applies if the area to be enclosed does not, either by itself or cumulatively with any other areas within the same register unit enclosed without section 38 consent by virtue of this paragraph, exceed 1% of the area of the register unit of which it forms part. | ||
| 4. | The installation of a row, not exceeding 200 metres in length, of obstacles (such as bollards or large stones) which, whether by themselves or together with any existing obstructions interrupting the row, are intended to prevent or restrict vehicular access to common land, where the owner reasonably considers that such access would interfere with or be detrimental to— (a) the use of the land by members of the public for the purpose of open-air recreation pursuant to any right of access; (b) the exercise of rights of common; or (c) nature conservation. | 1. The owner of the land. 2. Any other person acting with the written consent of the owner of the land. |
The exemption in respect of works specified in this paragraph only applies if— (a) no other row of obstacles is installed without section 38 consent by virtue of this paragraph, and remains in place, on land forming part of the same register unit; or (b) the works consist of the extension of an existing row of obstacles which has been installed without section 38 consent by virtue of this paragraph, and the combined length of the existing row and the extension does not exceed 200 metres. |
Article 4
