HC Deb 07 November 1929 vol 231 cc1294-8W
Mr. EDE

asked the Minister of Agriculture if he will give the names of the commons in respect of which applications have been made to his Department for sanction to make an enclosure, under Section 194 of the Law of Property Act, 1925, specifying in each case whether a public inqury was held, the area of land sought to be enclosed, the purpose for which it was proposed to enclose the land, the area (if any) thrown into the common in lieu of the land enclosed, the result of the application, and the reason, in any case where consent has been given without an area being thrown into the common at least equal to the land enclosed, for not requiring this course to be followed?

Mr. BUXTON

Section 194 of the Law of Property Act, 1925, requires the Ministry's consent not merely to actual enclosure, but also to the erection of any building or fence, or the construction of any other work not necessarily involving enclosure whereby access to common land is prevented or impeded. The particulars which the hon. Member requires as to cases under this Section are as follow:

Name of Common. Whether a public inquiry was held. Area of land affected. Purpose for which it was proposed to erect a building or fence, etc. Area of land thrown into common in lieu of that affected. Result of application. Reason for not requiring an equivalent area to be added to the common.
1. Epsom Downs (Surrey) Yes 200 sq. yds. Erection of racing number board. 289 sq. yds. Consent given on condition that design of number board was approved by President of Royal Institute of British Architects.
2. Newtown Common (Hants). No 40 sq. ft. Construction of cesspool None Consent given The cesspool was to be constructed below ground and no material interference with public access to the common was involved.
3. Mynydd Nodol (Merioneth). No 86 acres Fencing of sheep-walk None Consent given Consent given on the under standing that public access was not substantially affected by the fence.
4. Common land at Portland (Dorset). No 446 sq. ft. (approx.) 7 small inclosures consisting of 6 huts and 1 rain-gauge. None Consent given No substantial interference with public rights of access to common.
5. Cefn Trwsgl Common (Merioneth). No 2a. 0r. 21p. To make private garden and so keep gipsies from vicinity of houses. None Consent refused
6. Mevennith Common (Cardigan). No 1½ sq. miles. Fencing of sheep-walk None Consent given No complete inclosure involved: the fences were intended merely to prevent sheep straying.
7. Moel Tryfan (Caernarvon). No 1,442 sq. yds. Extension of burial ground None Consent given The total area of the common was 2,000 acres. The Parish and Rural District Councils agreed to this proposal.
8. Litcham (Norfolk) No 2 acres. Erection of school premises 2 acres Consent given

9. Epsom Downs (Surrey) No 55 sq. yds. Retention of "West" racing number board which had been required to be removed as a condition of previous consent referred to in 1 above. None Consent given Not considered necessary in view of larger area added in connection with previous consent. See (1) above.
10. Schoolgreen (Fresh-water, I. of W.) No 2 perches. Erection of public convenience. None Consent given Shape of green makes it practically useless for games, and this small inclosure was not considered prejudicial to public interests.
11. Yarningale Common (Warwick). No 3 roods 16 perches Car park and public conveniences. None Application with drawn.
12. Frensham Common (Surrey). No 14 acres Addition to grounds of private residences. 80 acres (approx.). Under consideration.
13. Trefeirig (Cardigan) No 932 acres Fencing of sheepwalk None Consent given Fence merely defines boundary of sheepwalk. No complete inclosure involved.
14. Llanycil (Merioneth) No 230 acres Fencing of sheepwalk None Consent given Fence merely defines boundary of sheepwalk. No complete inclosure involved.
15. Butt Green (Cambridge) Yes 2.26 acres To facilitate provision of parking space for motor cars, &c., in Cambridge. 1.66 acres Under consideration.
16. Bickerley Common (Hants). No 4½ perches Erection of pumping station None Consent given Public interests not materially affected by this small inclosure.
17. White Moss Common (Westmorland). No 60 sq. yds. Water tank None Application with drawn.
18. Gaywood (Norfolk) Yes 2 acres Site for refuse tip and incinerator. None Under consideration.
19. Common land at Portland (Dorset). No 78¼ sq. yds. Erection of 11 small huts None Consent given No substantial interference with public access to common.
20. Beacontree Heath (Essex). No 9a. 3r. 30p. Preservation as public open space to be controlled by the Urban District Council. None Under consideration. The enclosure of this common as a public open space is stated to be necessary for the protection and proper management of the common.
21. Hightown Common (Hants.). No 1r. 12p. Erection of reservoir fence and laying water mains. None Under consideration.
Section 194 does not require that at least an equivalent area should be added to the common in such cases where the Ministry's consent is given, and in the 11 cases where such an addition was not required, the Ministry after careful consideration of the circumstances decided that such a condition was not necessary in the public interest.