• As a Commons Registration Authority under the Commons Registration Act, 1965 – Central Bedfordshire Council is responsible for maintaining the registers of Common Land and Town or Village Greens, which members of the public can inspect free of charge. Under the 1965 Act, all existing commons and town or village greens had to be registered. The commons registers, (which also include subsequent registrations), are maintained by the registration authority and contain information about the land, the owner and any rights of common.
• This includes updating the registers when ownership of common rights change, or where rights are apportioned (although the circumstances in which we can amend the registers are limited). We amend the registers when we are notified by the Land Registry of changes in ownership of land and we can amend the registers in some instances to show changes in address.
• The Commons Act 2006 received Royal Assent on the 19 July 2006 and will repeal the 1965 Act at a later date.  The new Act will give Commons Registration Authorities new responsibilities.

Town and Village Greens were established under customary law as areas of land where local people indulged in lawful sports and pastimes. These might include organised or ad hoc games, picnics, fetes, maypole and country dancing and similar activities.

Section 15 of the Commons Act 2006 changed the legal definition of a town or village green and sets out the qualifying circumstances in which land may be newly registered. Essentially anyone can apply to have land registered as a green if it has been used by local people for recreation 'as a right' (i.e. without permission, force or secrecy) for at least 20 years.

A copy of the application Form 44 (PDF 377KB) and guidance notes are attached.

The Association of Commons Registration Authorities has created an Evidence Questionnaire (PDF 3.2MB). The use of this form is not compulsory, but can be used in support of an application to register a new Village Green.

Other useful documents can be found on Defra's website and the Open Spaces Society has a very useful publication entitled 'Getting Greens Registered'. 

• Reference:  1/2010
• Applicant:   Mr Adrian Richardson
• Received:   1 July 2010
• Status:       Development management committee rejected application March 2011
• Land at Houghton Conquest Public Inquiry Notice (PDF 142KB)
• Land at Houghton Conquest Public Notice (PDF 222KB)
• Land at Houghton Conquest Plan (PDF 905KB)

Land at Henlow

• Reference:  2/2010
• Applicant:   Raymond Rapacchi 
• Received:   4 August 2010
• Status:       Development Management Committee rejected application February 2011
• Land at Henlow Public Notice (PDF 222KB)
• Land at Henlow Plan (PDF 1.9MB)

Land at Heath & Reach

• Reference:  3/2010
• Applicant:    Heath & Reach Parish Council
• Received:    4 October 2010
• Status:        Voluntary Application, Heath Green registered on 31 January 2011
• Land at Heath and Reach Plan (PDF 258KB)

Land at Henlow

• Reference:  4/2011
• Applicant: Mr and Mrs Rapacchi
• Received: 3 May 2011
• Status:  Development Management Committee resolved on 14 September 2011 that the application to register the land should be rejected. The minutes and resolution of this meeting were formally approved by the committee at its meeting on 12 October 2011. 
• Land at Henlow Public Notice (PDF 35KB)
• Land at Henlow Plan (PDF 236KB)

None being considered at present.

How do I apply to amend the register in relation to a Right of Common?

If you wish to apply to have the details of a common right amended you will need to complete Form 19 (made under Section 13 of the Commons Registration Act 1965). This form can be requested by contacting the Commons Registration Offices.

How do I obtain consent to construct works on common land?

Under Section 194 of the Law of Property Act 1925 it is unlawful to erect a building or fence or construct any other work whereby access to the common is prevented or impeded, unless the Secretary of States consent is obtained. Consents are dealt with by the Planning Inspectorate and further information is available from www.planningportal.gov.uk/planning/countryside/common land/forms

Who deals with applications to de-register and exchange common land or village greens?

Applications under Section 16 of the Commons Act 2006 are dealt with by the Planning Inspectorate and further information is available at www.planningportal.gov.uk/planning/countryside/common land/forms

The registers are available for public inspection on Mondays to Fridays (except public holidays) between the hours of 9.30am and 4.00pm.

Appointments to view the registers can be made by contacting chris.heard@centralbedfordshire.gov.uk

The registers are divided into three sections

• Land section
• Rights section
• Ownership section

Registered common land is land owned by one person over which another person is entitled to exercise rights of common (such as grazing cattle) and these rights are generally exercisable in common with others.

Since 2005 the public has had the right to roam on registered common land, this right is on foot and includes activities like walking, sightseeing, bird watching , picnicking, climbing and running.

Application to amend the register in relation to a right of Common (Form CL19) -

Guidance Notes (to be read in conjunction with the Notes on the form)

Application should be made for the Register to be amended whenever

1. a right of common attached to land has been apportioned, varied, extinguished or released (e.g. on a purchase of part of the land having the benefit of a right)

2. a right in gross has been transferred (normally by deed)

3. a right attached to land has been severed from that land by transfer and has become a right in gross (following the House of Lords decision on 17 May 2001 in the case of Bettison v Langton).

To enable the Council as Registration Authority to process an application for amendment without delay, please remember:

• to complete all the Parts comprised in the form (if you are not sure of the correct information for Parts 4 or 5, please enquire by telephoning 0300 300 6249).
• in the case of an apportionment, to set out in Part 7 details (e.g. number of animals) of the right claimed in relation to the extent of land acquired. Unless there is specific reference in the transfer deed to an agreed apportionment, the rights would normally be apportioned pro rata to area. The Registration Authority is prepared to advise on the question of what might be appropriate.
• if the registered rights include estovers, pannage, piscary or turbary, please ask the Registration Authority for guidance, as it is not always appropriate for such rights to be apportioned.
• to sign and date the application on page 2 as well as to swear the Statutory Declaration on page 3 in the presence of a qualified person (e.g. Solicitor, Licensed Conveyancer or Justice of the Peace).
• there is currently no charge for making an application.

Application for the amendment of a register in relation to a right of common - CR Form 19 (PDF 115KB)

This information is intended as a guide only and is correct to 1 August 2009

Common land

Common land is protected by several Acts of Parliament, the main one being the Commons Act 2006 which prohibits the carrying out of any 'restricted works' on registered common land.

Restricted works are those which prevent or impede access to or over the land, which might include erecting fencing, constructing buildings, digging ditches or resurfacing the land with tarmac. Works of this nature require special consent from the Secretary of State.

Further information can be found on the Planning Inspectorate website.

Village greens

Village greens also enjoy statutory protection. The Inclosure Act 1857 makes it a criminal offence, amongst other things, for any person to do anything to interrupt the use or enjoyment of the green as a place for recreation and enjoyment.

The Commons Act 1857 makes encroachments or enclosures, or the placing of any structures upon town or village greens, a public nuisance.

Work carried out with a view to better enjoyment of the town or village green or recreation ground (for example, enhancing its recreational use) is not unlawful. In both instances, offences are tried before a Magistrates Court.