Archive for the ‘Common Land’ Category

The Planning Inspectorate wrote to WCRA on the 10th May 2010, enclosing a response from WBC to the objection letter submitted to them on the 22nd March 2010.   The response letter from WBC is attached below:

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A letter of objection was sent by WCRA to the planning inspectorate on 22 March 2010.  A copy of the letter is attached below:

WCRA – Planning Inspectorate – Common Land Exchange v3 – 20100322

A Freedom of Information request to Woking Borough Council.

Bill Corney

7 March 2010

Dear Woking Borough Council,

With reference to the consultation on proposed exchange of common
land at Westfield Common in the letter from Peter Bryant dated 21
September 2009, I would be grateful if the following information
could be provided:

1) Number of people who wrote into Mr Bryant regarding the proposal
(total number of responses)

2) Number of people who wrote in with objections (total number of
objections).

3) A breakdown of the responses.

I look forward to your reply.

Yours faithfully,

Bill Corney

The response is below:

Peter Bryant
Woking Borough Council

30 March 2010

Dear Mr Corney,

Thank you for your e-mail.

The replies to your questions are:-

1. 21.
2. 16.
3. There were objections to the principle of development at Moor Lane;
the area should not be developed to meet housing needs; premature to
consult before access points have been determined; the land offered in
substitution is inadequate; too soon to comment on application;
inconsistencies between common land application and planning
application; insufficient notice given; abuse of common land; no
objection to exchange; exchange land already common land; flora and
fauna will be decimated; loss of trees; increased flood risk; exchange
land is best area to be exchanged.

Can be found below:

WCRA – Consultation on Proposed Common Land Exchange v2 – 20091008

We have obtained an official entry for Westfield Common (CL 121) from the statutory register required by the Commons Registration Act.

A map excerpt is shown below showing the clear boundaries of the common (click on the map for a larger image):

Some observations:

• As you can see not all the paths that are in use have been officially recorded.
• Interesting long narrow strips of common land stretching up Moor Lane and on the western side of New Lane.
• Some of the streets – south Westfield Common, east Highlands Lane, Bonners Close and Willow Bank are common land.

The official registry entry is attached here Commons Register – CL121

All rights acknowledged.

The report is attached (click on this link Planning Officer Report) and can be also accessed from the Woking Borough Council site here: WBC Website.

Unsurprisingly it is a recommendation to grant planning permission.

WCRA has joined the Open Spaces Society.

Britain’s oldest conservation society, the aim of which is to protect, increase, enhance and champion the common land, village greens, open spaces and public rights of way in England and Wales, and the public’s right to enjoy them.

The particular role of the Open Spaces Society is recognised in that they are consulted on all applications for works on, and exchanges of, common land.

Click on the logo above to access their web site.

FYI – copy of response of FOI request to establish the registration details for Westfield Common

Vanessa Glynn
Woking Borough Council

1 June 2009

<http://www.woking.gov.uk>

Dear Mr Corney,
Thank you for your request for information which has been forwarded to
me by our Customer Services Team.

I am writing to inform you that Surrey County Council are the Commons
Registration Authority for this area. Therefore, your request for
information should be directed to their office.

Their contact details are as follows:

Commons Registration Office
Surrey County Council
Room 137
County Hall
Penrhyn Road
Kingston Upon Thames
KT1 2DN

Tel: 020 8541 9088
E Mail: [email address]

Yours sincerely,

Vanessa Glynn
Valuation Services
Asset Management
Woking Borough Council

________________________________

From: Bill Corney [mailto:[FOI #12536 email]]
Sent: Thu 28/05/2009 11:54
To: Comments
Subject: Freedom of Information request – Westfield Common – Common Land
Registration Information

Dear Sir or Madam,

As the Commons Registration Authority, for Westfield Common, Woking
(Common Land registration number CL121) I would be grateful if you
could supply the following information:

* Land – A description of the land, who registered it and when the
registration became finally registered.

* Rights – A description of the rights of common, over which area
of the common they are exercisable, the name of the person (the
‘commoner’) who holds those rights, and whether the rights arise by
virtue of a separate land ownership by the commoner (i.e. they
‘attach’ to land).

* Ownership – Details of owners of common land.

Yours faithfully,

William B. Corney

Westfield Common is registered as CL121 in the Common Land register (Commons Registration Act, 1965).

A map showing the registered area is shown below:

Development of Common Land is protected by statutory law, the most relevant laws are:

• Section 38 of the 2006 Act requires that consent be sought to carry out  restricted works on land registered as common land under the Commons Registration Act 1965.  Restricted works are any that prevent or impede access to or over the land. They include fencing, buildings, structures, ditches, trenches, embankments and other works, where the effect of those works is to prevent or impede access. They also include, in every case, new solid surfaces.
• Under the Law of Property Act 1925 (Section 194) it is unlawful to construct buildings, erect fences, or carry out any other works which prevent access to common land unless the Secretary of State for the Environment, Food and Rural Affairs has given permission.
• Under the Law of Commons Amendment Act 1893 (Section 2) Any inclosure or improvement of a common (removal of common rights and enclosure of the land) is not lawful unless the Secretary of State for the Environment, Food and Rural Affairs has granted permission.
• Road Traffic Act 1988 (Section 34) -This makes it unlawful for a person to drive a motor vehicle on any common land (as well as some other types of land ) without lawful authority.