Protecting common land

Common land

Common land is protected by several Acts of Parliament, the main one being the Commons Act 2006 which prohibits the carrying out of any 'restricted works' on registered common land.

Restricted works are those which prevent or impede access to or over the land, which might include erecting fencing, constructing buildings, digging ditches or resurfacing the land with tarmac. Works of this nature require special consent from the Secretary of State.

Further information can be found on the Planning Inspectorate website.

Village greens

Village greens also enjoy statutory protection. The Inclosure Act 1857 makes it a criminal offence, amongst other things, for any person to do anything to interrupt the use or enjoyment of the green as a place for recreation and enjoyment.

The Commons Act 1857 makes encroachments or enclosures, or the placing of any structures upon town or village greens, a public nuisance.

Work carried out with a view to better enjoyment of the town or village green or recreation ground (for example, enhancing its recreational use) is not unlawful. In both instances, offences are tried before a Magistrates Court.