The Law of Property Act 1925 (Section 194)
Under this Section, 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. This applies to all commons (and village greens) which had rights of common over them on 1st January 1926. In deciding whether or not to give permission, the Secretary of State has to take into account the benefits to the neighbourhood and to any private interests in the land.
This section does not apply to works authorised by Acts of Parliament, the winning and working of minerals, or any telegraphic line as defined in the Telegraphic Act, 1878. A Section 194 application to the Secretary of State would need to be made in addition to any normal planning application to the local planning authority which might be necessary. Application forms are available from:
Department of the Environment, Food and Rural Affairs
Temple Quay House
2 The Square
Temple Quay
Bristol
BS1 6EB
Tel. 0117 3728006
Where permission has not been obtained and works have been carried out, an application may be made to the County Court by either the owner of the land, the commoners, or a County or District Council for the removal of the works and restoration of the land to its original condition. A right of appeal against any decision of the Court exists.
Page updated: 28 Feb 2007