The Commons Act 2006
(England) (Amendment) Regulations 2009 came into force for all pilot registration authorities, including Devon County Council. This means that the transitional application period permitting applications to be made to update the registers under Schedule 3 of the Commons Act 2006 has been extended and will now close on 30 September 2010. During this period no fee will be payable for Schedule 3 applications but applications made after this date may incur the relevant fee. The transitional period enabling Devon County Council to make amendments to the registers under Schedule 3 has also been extended and will end 30 September 2011.
The Commons Registration Act 1965 is being replaced by the Commons Act 2006. The Department for Environment Food and Rural Affairs (DEFRA) contacted all one hundred and forty eight Commons Registration Authorities and asked if they would like to be a pilot authority to help them test Part 1 of the Commons Act 2006. Out of the one hundred forty eight authorities seven have been chosen and Devon County Council is one of them.
Under the Commons Act 2006 the common land and town and village green registers will be reviewed by Devon County Council, but owners and graziers are also invited to review the registers and apply to Devon County Council (excluding areas within Torbay Council and Plymouth City Councils jurisdiction) as Commons Registration Authority to amend the registers under various circumstances, which include the creation of rights, variation of rights, land that has been incorrectly recorded as common land, new village green applications and unrecorded events such as the grazing rights being severed from the land.
DEFRA are testing the Commons Act 2006 because of its complexity, they understand that the registers are not correct and are using the pilot to see how many applications we receive and what type of applications they are.
The Commons Registration (England) Regulations 2008 came in to force on 1 October 2008 for Devon County Council and the remaining six pilot authorities, during the transitional period applications can be made to us to amend the commons register, some applications will incur a fee. Please see the list of application forms and fees below which are available to download. If you would like us to send a hard copy in the post, please call us on (01392) 382937.
Find Out More
More information can be obtained from the DEFRA website about Common Land and the Commons Act 2006.