Q&As

If an application to register common land within a pioneer area is made under paragraph 2 of Schedule 2 to the Commons Act 2006, can the relevant Registration Authority refuse to register as common land any parts of the land subject to the application that are public highway?

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Produced in partnership with Emily Knowles of Sharpe Pritchard
Published on LexisPSL on 20/05/2020

The following Planning Q&A produced in partnership with Emily Knowles of Sharpe Pritchard provides comprehensive and up to date legal information covering:

  • If an application to register common land within a pioneer area is made under paragraph 2 of Schedule 2 to the Commons Act 2006, can the relevant Registration Authority refuse to register as common land any parts of the land subject to the application that are public highway?

If an application to register common land within a pioneer area is made under paragraph 2 of Schedule 2 to the Commons Act 2006, can the relevant Registration Authority refuse to register as common land any parts of the land subject to the application that are public highway?

The Commons Act 2006 (CoA 2006) introduced an updated regime for the registration and management of common land and town and village greens.

Once CoA 2006 is fully in force it will repeal the previous regime contained in the Commons Registration Act 1965 (CRA 1965). Currently, the only part of CoA 2006 which has been fully implemented in England is Part 1, which applies to the following pioneer areas only:

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