HC Deb 15 September 2003 vol 410 cc543-4W
Janet Anderson

To ask the Secretary of State for Environment, Food and Rural Affairs (1) what types of development are permissible on land designated as urban common under the Law of Property Act 1925; and whether such development requires approval by the Secretary of State; [129436]

(2) under what circumstances the erection of fencing is permitted on land designated as registered urban common under the Law of Property Act 1925. [129437]

Alun Michael

Under the provisions of section 194 of the Law of Property Act 1925, the Secretary of State's consent is required for any works which prevent or impede access to any land which, on 1 January 1926, was subject to rights of common. Such consent is separate from any other consent that might be needed, for example, under planning legislation.

It is not possible to say what types of work might receive the Secretary of State's consent, or in what circumstances such consent might be granted. Each application is treated on its individual merits after full consideration of all relevant factors. Details of any proposed works would have to be advertised in the local press.

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