Common Land and Village Green rectification applications

Rectification applications for Common Land and Village Green registrations

The formal Common Land and Town or Village Green register and maps were prepared in accordance with the Commons Registration Act 1965 and subsequent regulations.  In some cases an incorrect registration may have occurred due to problems with the initial application.  It is now possible in limited circumstances to make applications to Oxfordshire County Council to correct these mistakes under the Commons Act 2006.

Below is a brief summary. Detailed guidance can be found on the GOV.UK website.

What can be corrected?

Not all parts of the Commons Act 2006 are currently in force in Oxfordshire. In Oxfordshire there are three types of application that can be made:

1.  Buildings and land within the curtilage of buildings

You can apply under Schedule 2 paragraphs 6 and 8 of the Commons Act 2006 to correct a registration of common land or town/village green where:

  • The land was provisionally registered as a town or village green, or common land under the 1965 Act and
  • On the date of the provisional registration the land was covered by a building or was within the curtilage of a building, and
  • The provisional registration became final and
  • Since the date of the provisional registration the land has at all times been, and still is, covered by a building or within the curtilage of a building

2.  Other land

You can apply under Schedule 2 paragraphs 7 and 9 of the Commons Act 2006 to correct a registration of common land or town/village green where:

  • The land was provisionally registered as a town or village green, or common land, under the 1965 Act and
  • The provisional registration of land was not referred to a Commons Commissioner and
  • The provisional registration became final and
  • The land did not qualify as common land or village green prior to the provisional registration

3.  Mistakes made by the Commons Registration Authority

Where you can show that the registration authority was responsible for a mistake you can apply under Section 19(2)(a) of the Commons Act 2006. Please be aware that the circumstances are restricted. It must be an error in law so if, for example, an applicant attached a map with a mistake in it to their original registration application, and this was subsequently registered, then the error was on the part of the applicant and not the registration authority. 

Sources of information

It is your responsibility to supply evidence that a mistake occurred. Relevant sources of information may include property deeds, old maps, plans and photographic evidence.

Oxfordshire County Council hold some of the surviving original application records, and these can be made available for inspection by contacting us in advance to arrange an appointment to view them.

The Oxfordshire History Centre may also hold relevant material. 

How to make a rectification application

Applications under Schedule 2 must be made on official Form CA13.

Applications under Section 19 should be made on Form CA10.

In all cases your application must:

  1. be on the correct form
  2. be signed by every applicant or representative
  3. be accompanied by the correct initial fee where applicable (see “Fees” below)
  4. be accompanied by your evidence that shows the land in question meets all the conditions listed above. Please make sure that all evidence included is referenced properly, with dates, names and sources.  You are making a legal application and the evidence needs to be verifiable

The application process

Applications must go through a formal process which will involve a public consultation.  If objections are received then it may be necessary to hold a hearing or a Public Inquiry to determine the matter, or in certain cases to refer the matter to the Planning Inspectorate . The full process, including the circumstances when the matter must be decided by the Planning Inspectorate, is set out in the official regulations at

 http://www.legislation.gov.uk/uksi/2014/3038/contents/made

and further explained in the guidance on the GOV.UK website.

Fees

If your application is submitted to the Planning Inspectorate for a decision you will be required to pay an additional fee. Current Planning Inspectorate fees as at September 2019 for Schedule 2 applications are:

  • Applications under paragraph 6 - £3,400
  • Applications under paragraph 7 - £2,800
  • Applications under paragraph 8 - £3,300
  • Applications under paragraph 9 - £3,400

Section 19 applications (3 above):

  • No fee applicable