Checklist for Consent Application
Determine your aims and consider the full range of options available.
Do the works need planning permission? If so get this first.
Are the works new or are you maintaining existing lawful works?
Decide whether the works fall outside the scope of the Act, are exempt, improve or protect the common or are inconsistent with the traditional use of the common.
if the works are exempt post a notice at the entry points to the common and notify the Planning Inspectorate.
If consent is required examine the Commons Register.
Is the land registered?
Who owns it? Is it owned by the National Trust?
Record details of right holders and the nature of the rights held. Take a copy of the map and check for accuracy with the owner and graziers, as these can have mistakes.
If the common is owned by the National Trust and consent is required under s23 and s29 of the National Trust Act 1971 obtain written support for the proposals from the National Trust’s solicitor.
If the land is not registered does it fall within the scope of the Commons Act 2006 by virtue of being regulated by a Provisional Order Confirmation Act under the 1876 Commons Act, or subject to a scheme of management under the Metropolitan Commons Act 1866 or the Commons Act 1899?
Consult widely on the proposals.
Submit an application to the Planning Inspectorate.
Within 7 days of the submission, place the prescribed notice in a local paper, at entry points to the common, at the chosen inspection point along with the application and map and post to the key stakeholders as listed on the application form.
Allow a minimum of 28 days from advertising for people to respond to the proposals.
If consent is received ensure that all modifications and conditions are complied with.