Commons Act 2006

16 Deregistration and exchange: applications E+W

(1) The owner of any land registered as common land or as a town or village green may apply to the appropriate national authority for the land (“the release land”) to cease to be so registered.

(2) If the release land is more than 200 square metres in area, the application must include a proposal under subsection (3).

(3) A proposal under this subsection is a proposal that land specified in the application (“replacement land”) be registered as common land or as a town or village green in place of the release land.

(4) If the release land is not more than 200 square metres in area, the application may include a proposal under subsection (3).

(5) Where the application includes a proposal under subsection (3)—

(a) the replacement land must be land to which this Part applies;

(b) the replacement land must not already be registered as common land or as a town or village green; and

(c) if the owner of the release land does not own the replacement land, the owner of the replacement land must join in the application.

(6) In determining the application, the appropriate national authority shall have regard to—

(a) the interests of persons having rights in relation to, or occupying, the release land (and in particular persons exercising rights of common over it);

(b) the interests of the neighbourhood;

(c) the public interest;

(d) any other matter considered to be relevant.

(7) The appropriate national authority shall in a case where—

(a) the release land is not more than 200 square metres in area, and

(b) the application does not include a proposal under subsection (3),

have particular regard under subsection (6) to the extent to which the absence of such a proposal is prejudicial to the interests specified in paragraphs (a) to (c) of that subsection.

(8) The reference in subsection (6)(c) to the public interest includes the public interest in—

(a) nature conservation;

(b) the conservation of the landscape;

(c) the protection of public rights of access to any area of land; and

(d) the protection of archaeological remains and features of historic interest.

(9) An application under this section may only be made with the consent of any relevant leaseholder of, and the proprietor of any relevant charge over—

(a) the release land;

(b) any replacement land.

(10) In subsection (9) “relevant charge” and “relevant leaseholder” have the meanings given by section 15(10).

Commencement Information

I1 S. 16 partly in force; s. 16 not in force at Royal Assent see s. 56(1); s. 16 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2 (with art. 3)

I2 S. 16 in force at 1.4.2012 for W. by S.I. 2012/739, art. 2(a) (with art. 4(1))