Common Land – Statutory Protection

Westfield Common is registered as CL121 in the Common Land register (Commons Registration Act, 1965).

A map showing the registered area is shown below:

Development of Common Land is protected by statutory law, the most relevant laws are:

• Section 38 of the 2006 Act requires that consent be sought to carry out  restricted works on land registered as common land under the Commons Registration Act 1965.  Restricted works are any that prevent or impede access to or over the land. They include fencing, buildings, structures, ditches, trenches, embankments and other works, where the effect of those works is to prevent or impede access. They also include, in every case, new solid surfaces.
• Under the Law of Property Act 1925 (Section 194) it is unlawful to construct buildings, erect fences, or carry out any other works which prevent access to common land unless the Secretary of State for the Environment, Food and Rural Affairs has given permission.
• Under the Law of Commons Amendment Act 1893 (Section 2) Any inclosure or improvement of a common (removal of common rights and enclosure of the land) is not lawful unless the Secretary of State for the Environment, Food and Rural Affairs has granted permission.
• Road Traffic Act 1988 (Section 34) -This makes it unlawful for a person to drive a motor vehicle on any common land (as well as some other types of land ) without lawful authority.