At last Part 1 of Commons Act 2006 will be implemented in Cumbria very soon

The 2014 Regulations have been laid in Parliament and will commence on 15 December 2015. From that date it will be possible for people in Cumbria to make any type of application allowed under Part 1 of the Commons Act 2006.

I have received the following from Defra.

Commons Act 2006 Implementation Update No.30: 17 November 2014
This is number 30 in a series of emails to update you on the implementation of the Commons Act 2006 (‘the 2006 Act’).  In this update:

  • The Commons Registration (England) Regulations 2014

Please feel free to circulate this to colleagues or other interested people — or just hit ‘reply’ and say ‘no thanks’ if you want to have your name removed from this distribution list (we won’t be offended!). This update is also sent to members of the National Common Land Stakeholder Group.

The Commons Registration (England) Regulations 2014
The 2014 Regulations have been laid in Parliament and will commence on 15 December 2015. From that date it will be possible for people to make:

  • any type of application allowed under Part 1 of the Commons Act 2006 in the areas of Cumbria County Council and North Yorkshire County Council. (Part 1 continues to apply to the seven pioneer areas as normal: Blackburn with Darwen, Cornwall, Devon, Herefordshire, Hertfordshire, Kent and Lancashire).
  • five types of ‘corrective applications’ in all other remaining registration authorities in England. Corrective applications are: section 19(2)(a) to correct mistakes made by the registration authority, and paragraphs 6, 7, 8 and 9 of Schedule 2 to remove ‘buildings’ or ‘other land’ land that was wrongly registered as either common land or town or village green. Corrective authorities will remain subject to the Commons Registration Act 1965 (until Part 1 has been fully commenced in their areas) and will continue to process applications made under that Act in tandem with corrective applications made under the 2006 Act.

Part 1 has been only partially implemented in corrective authorities, so they can only process the five types of applications specified above.

Applicants must pay an application fee for most types of applications, provided the commons registration authority has published (on its website) a fee for the relevant application. Schedule 5 to the 2014 Regulations contains a list of the types of applications for which no fee can be charged.

Applications must be made in the forms published on the gov.uk website. They have not yet been published but there will be a further implementation update with the details. Each application form contains notes on who can apply and the information and evidence that must be provided.

Defra will provide guidance shortly.
The draft 2014 Regulations have been published at: www.legislation.gov.uk/uksi/2014/3038/made

More information about the 2006 Act is available at:
www.gov.uk/common-land-management-protection-and-registering-to-use