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Commentary

58 Common land covered by schemes

COMMONS vol 6(1)B
COMMONS vol 6(1)B | Commentary

58 Common land covered by schemes

COMMONS vol 6(1)B | Commentary

58 Common land covered by schemes

Some commons are covered by schemes of regulation and management under Section 1 of the Commons Act 1899 or the Metropolitan Commons Act 18661. A scheme is an arrangement under which a council assumes management, but not ownership of common land2.

The schemes impose controls and restrictions on works but it was not clear how those contained in the schemes worked with the provisions of Section 194 of the Law of Property Act 19253. This brought uncertainty as to whether applicants should apply for consent under the scheme or under the Law of Property Act

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