Scoping the Legal Position

At an early stage, check on any legal procedures that may be required:

• Do you require consent?

• Will you need to consult with all those with a legal interest?

• Do you have a copy of the Commons Register and have you brought it up to date with local knowledge and research?

Tip: A live commons register is essential for ensuring all legal interests have been considered. The register maintained by the county council cannot be assumed to reflect the current legal position or the management in the field.

Consents and agreements may be required from the following groups:

• Commoners, owners and boards of conservators where their property rights will be affected, e.g. a turbine, road, pipeline, woodland

• DEFRA for works on commons (see Capital Works) and the Government information

• Local government if planning permission is required, e.g. for a track or quarry

• Environment Agency where water quality may be affected, e.g. bracken spraying

Tip: Having planning permission does not avoid the need for consent from legal interested parties or DEFRA. Several consents are often required and, as each can take several months, apply in parallel to save time, as long as one does not depend on the other.

Next up: Practical Changes

It is important to consider what implications the proposed management agreement may have on land use activities, both on the common land unit and on adjacent land and businesses. For more information, click below.