Corrective Applications under the Commons Act 2006

From 15 December 2014 the Government brought into force two parts of the Commons Act 2006 to allow corrections to the town and village green and commons registers in limited circumstances.

The deadline for applications and proposals is 15 March 2027.

What are the changes?

People have the power to apply to Northamptonshire County Council (the Registration Authority) to amend the Registers of common land and town and village greens under:

  • Section 19(2)(a) of the Commons Act 2006 to correct a mistake made by the Registration Authority.
  • Paragraphs 6 to 9 of Schedule 2 of the Commons Act 2006 to remove buildings / land that were wrongly registered either as common land or a town or village green.

Detail of the changes

Formal guidance on how these applications should be made and how they will be processed has not yet been released.

However, Section 19(2)(a) states that people can apply to correct a mistake made by the Commons Registration Authority in making or amending an entry in the register. This would be a mistake in law by the Registration Authority or a mistake in registering land that was not in the original application plan. There will be no charge for these applications.

Paragraphs 6 - 9 of Schedule 2: each of these paragraphs will be fully commenced except the power for the Registration Authority to make a proposal. They allow for applications to remove:

  • buildings registered as common land (paragraph 6)
  • other land wrongly registered as common land (paragraph 7)
  • buildings registered as a town or village green (paragraph 8)
  • other land wrongly registered as town or village green (paragraph 9)

Each paragraph prescribes specific criteria that must be satisfied in order for an application to be successful. One of the shared features of these applications is that whilst a mistake was made, it is attributable to someone other than the Registration Authority.

The local authority has set a fee of £1000 for applications made under paragraphs 6 - 9 of Schedule 2 of the Commons Act 2006.

It will not be possible for people to submit any other kind of application beyond the corrective applications, and it will not be possible for the Registration Authority to apply to itself to amend the registers.

Referral to Planning Inspectorate (PINS)

All applications are submitted to the Registration Authority, but certain classes of applications must be referred to PINS for determination. Those classes include all applications under Schedule 2 and applications under Section 19 if the effect would be to add to, or remove land from, the register or to correct the quantification of rights.