Posts Tagged ‘Common Land’

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.

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.

Just some initial high-level comments on the 3rd party land ownership issues which has resulted in Moor Lane being discounted in the access planning application as an access route to the proposed new housing development.

It seems that there are a number of different factors in play:

• Established “rights of way” across the Common to Moor Lane.
• Third party land of unclear ownership.
• Third party land in ownership of known organisations that would be required for access.

These bits of land run across the common including a strip running parallel to Moor Lane where it joins the common – currently marked out by the wooden stakes / and drainage ditches.

In English Common Law there is a court ruling associated with a case called Stokes Vs. Cambridge whereby it was established that where a third party landowner controls a piece of land that is essential to a development (usually the point of access) the land should be valued at a third of the profit from the development (the enhanced site), i.e. these bits of land are worth a lot of money.

So this generates two issues:

a) Lots of money for access where ownership is known and the land is used for access.

b) Prohibitive insurance to cater for a later demand for money when an owner turns up asking for his money.

I am not a lawyer / planning consultant so this is probably a fairly crude explanation – If I find out more I will post it up / modify this article.