HC Deb 11 November 1929 vol 231 cc1527-8
60. Mr. EDE

asked the Minister of Agriculture if he will consider the advisability of laying down as a general principle that no permanent enclosure of common land will be sanctioned by his Department under Section 194 of the Law of Property Act, 1925, unless the persons making the enclosure provide to throw into the common an area at least equal to that enclosed or provide in some other way that the open spaces in the district concerned shall be increased by at least the area enclosed?

Mr. N. BUXTON

Under Section 194 of the Law of Property Act, 1925, the Minister in giving or withholding his con sent to any enclosure is required to consider the benefit of the neighbourhood as well as private interests and those who are legally interested in the common. I am prepared to agree that in the absence of special circumstances the interests of the neighbourhood would ordinarily require that enclosure should not be sanctioned except on the condition that the persons making the enclosure should throw into the common or provide for an open space an area at least equal to that enclosed, but cases may continue to arise where an enclosure for some public object would be for the benefit of the neighbourhood and would justify the waiver of such a condition.