Commons Act 2006 Implementation Update No.18

13 April 2010

This is number 18 in a series of updates on the implementation of the Commons Act 2006 (‘the 2006 Act’). 

Commons Councils

On 7^th April the Commons Councils (Standard Constitution) (England) Regulations 2010 were made, following the approval of Parliament to regulations laid before both Houses in draft. These regulations pave the way for the establishment of commons councils. Once established, councils will be able to make decisions and rules which will provide for the better protection and management of the commons affected. They will have statutory powers to manage agricultural activities, common rights and vegetation on common land. 

The Regulations contain a standard constitution which sets out the administrative arrangements for all commons councils (e.g. who is eligible to become a member of a commons council and for how long they can be appointed).

Councils can be set up by means of an establishment order made by the Secretary of State. Each order sets out the detailed arrangements under which a council will operate. It includes information such as the functions of a council and its rule making powers. In order to illustrate the form that such an order might take, two model establishment orders have been produced. Both model orders can be found on the DEFRA website: www.defra.gov.uk/rural/protected/commonland/councils.htm.

Proposals for the establishment of commons councils can be made to the Secretary of State by anyone with an interest in a common (such as rights holders and landowners). However councils are not intended to replace existing arrangements which are already working well in a local area. They will be voluntary and will only be established where there is substantial local support.  Natural England will soon be publishing guidance to commoners’ associations and others who are contemplating setting up a commons council, which will be available on the Natural England website at www.naturalengland.org.uk/ourwork/farming/commonland  later in April.  Defra has published on its website technical guidance for those who have already taken the decision to seek a commons council, and wish to put together a proposal for the Secretary of State’s consideration.

Further information regarding commons councils is available at: www.defra.gov.uk/rural/protected/commonland/councils.htm.

Recent court cases relating to town and village greens

You may also be interested in these recent court cases relating to the registration of new town and village greens:

·       R (on the application of Lewis) v Redcar and Cleveland Borough Council and Persimmon Homes (Teesside) Ltd — the Supreme Court considered whether use continues to be ‘as of right’ where the recreational users had appeared to defer to the landowner.