Management of Common Land
Commons Act
Part 2 of the Commons
Act 2006 enables the creation of statutory
commons councils (Defra is currently consulting on this and is looking at bringing into force
this part of the Act in Spring 2009). This will allow commons to be managed
more sustainably by commoners and landowners working together, through
these councils which may be granted functions related to the management
of agricultural activities, vegetation, and common rights. Part 2 of the
Act also provides powers for the Secretary of State to alter, or remove
existing management arrangements where they might conflict with the functions
granted to a new statutory commons council.
Consultation on the implementation of Part 2 of the Commons Act 2006 (commons council) can be found at: http://www.defra.gov.uk/corporate/consult/commons-act/index.htm
'Shadow' Commons Councils
In support of the process of developing policy on commons councils, Natural England is conducting a project to pilot the process of establishing a commons council using a small number of ‘shadow’ council case studies.
The purpose of this work is to develop a fuller understanding of the procedures and issues associated with establishing commons councils. Although it will not be possible for any commons councils to be formally established, by order, until the commencement of the legislation, each of the ‘shadow’ council case studies will go through the processes involved, as if real commons councils were being contemplated. At the end of the process and, once the legislation has been implemented, these ‘shadow’ councils may decide to submit a proposal to be set-up on a statutory basis.
However, it is not expected that this work will necessarily result in the formation of councils – rather, it will assess and explore the issues involved, including the costs and benefits, so that those involved can make an informed decision on whether or not to proceed.
This project will run in parallel with, and help steer, the consultation and policy development process for commons councils during 2008 and early 2009. The outcome will also be used to inform the preparation of guidance.
An example of one of the three case studies is a potential commons council for Cumbria.
Good practice guidance
A Common Purpose: A guide to agreeing management on common land, published by the former English Nature, provides advice for those interested in managing common land, particularly where an application for consent to works on common land is contemplated.
The Good Practice Guide on managing the use of common land published by DETR in June 1998, remains available as a guide to the management of common land. For further information on these publications see:
Management Projects
There are many active management projects being carried out on common land across the country. These are exploring new and often innovative approaches to managing both upland and lowland commons. For further information on projects please see:
Environmental Stewardship and Common Land
Agri-environment schemes are a relatively recent innovation that have provided financial support for the management of common land. Starting with the Environmentally Sensitive Area Scheme in 1987, farmers were compensated for entering into agreements which required them to manage commons in a more sustainable manner.
Countryside Stewardship was introduced as a pilot scheme in England in 1991 by the then Countryside Commission and operates outside the Environmentally Sensitive Areas. Payments are made to farmers and other land managers to enhance and conserve English landscapes, their wildlife and history and to help people to enjoy them.
Countryside Stewardship has been superseded by the new Entry Level and Higher Level Environmental Stewardship Schemes, the Higher Level scheme is particularly suited to applications from those engaged in agricultural activity on common land. For further information on Environmental Stewardship Schemes see:
Stakeholder Working Group
In line with the commitment in the Common Land Policy Statement to help deliver in greater detail proposals for the agricultural use and management of common land, Defra and the Welsh Assembly Government established in November 2002 a Stakeholder Working Group. The papers and minutes of the Working Group, including the final report, are available.
Following the recommendations of the Working Group, the Government launched a consultation on proposals for the agricultural management of common land in August 2003. The consultation closed on 14 November 2003. A full analysis of the responses was published in February 2005. Copies of the original consultation document are available by contacting us.
Byelaw making powers
Local authorities have powers under various Acts of Parliament to make byelaws on common land. Byelaws are local laws that create criminal offences. Before they can come into effect, byelaws must be confirmed by a Secretary of State. Defra deals with applications from local authorities and parish and town councils for confirmation of byelaws on common land for which the Minister for Rural Affairs as Secretary of State is the confirming authority. Defra has guidance notes and model byelaws to assist local authorities in this process. These are available on the byelaw powers for local authorities page.
Commons Acts 1876 and 1899
Some 36 commons in England and Wales are regulated under the Commons Act 1876. The Act enabled commons to be regulated by means of an Order made on application to the Inclosure Commissioners, and confirmed by Parliament by means of a Provisional Order Confirmation Act.
The Commons Act 1899 provides an easier process for enabling district councils to manage commons, particularly where their use for exercise and recreation is the prime consideration and where the owner and commoners do not require a direct voice in the management. Further information can be found at:
Page last modified:
17 September 2008
Page published: 5 February 2003