Part 7Orders granting development consent

Chapter 1Content of orders

Miscellaneous

I1139Common land and rights of common

1

An order granting development consent may not include provision the effect of which is to exclude or modify the application of a provision of or made under the Commons Act 2006, except in accordance with section 131 or 132.

2

For the purposes of section 38(6)(a) of the Commons Act 2006, works carried out under a power conferred by an order granting development consent are not to be taken to be carried out under a power conferred by or under an enactment, except in a case to which section 131 or 132 applies.

3

An order granting development consent may not authorise the suspension of, or extinguishment or interference with, registered rights of common, except in accordance with section 131 or 132.

4

Registered rights of common” means rights of common registered under—

a

the Commons Act 2006, or

b

the Commons Registration Act 1965.