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Applications to amend the Register of Common Land

Commons Act 2006
Section 19(2)(a) and paragraphs 6-9 inclusive of Schedule 2
Bringing into force corrective applications of the Commons Register

These sections, respectively allowing for the correction of mistakes made by Commons Registration Authorities (CRA) and the removal of wrongly registered land, were originally intended to be brought into force on 1 October 2014.

However, Defra has advised that their commencement has been delayed until December 2014 or possibly later in early 2015. Enquiries about this delay can be made to commons.villagegreens@defra.gsi.gov.uk

On commencement, the following will apply:

Fees

No fee is payable if an application is expressed to be made under Section19 (2)(a) and the CRA confirms that an error was made by it in the original registration.  For all other applications a fee of £2500 will be charged in respect of each register unit.

Applicants should be aware that on any application, two sets of fees may be payable, one for the CRA and another for the Planning Inspectorate (PINS) in the event that the application is referred to the Secretary of State for determination. (PINS fees currently range from £2800 to £3800)

Dates by when applications should be made

Applications under paragraphs 6 and 7 of Schedule 2 must be made by 28 February 2027. There is no time limit for applications under section 19(2)(a)

Application forms

Applicants should use the form that is most applicable to their circumstances, ranging from CA1 to CA15. These are available to download from Defra. Failure to use the correct application form or apply to the CRA by letter will result in the ‘application’ being returned immediately. Any maps or plans which are required to accompany the application form must be to the prescribed scale as detailed in the application forms.

Time for determination

There is no specific time for determination of these applications. Applications which are held to be valid will be given attention in the order of receipt.

Further information including comprehensive guidance notes and the full list of application forms is available from

https://www.gov.uk/common-land-management-protection-and-registering-to-use

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