The Open Spaces Society, Britain’s oldest national conservation body and leading champion for the protection of common land and village greens, marks the twentieth anniversary of the Commons Act 2006 by urging the government to complete the job this landmark legislation began for protecting these vital green areas. The Commons Act 2006 won royal assent on 19 July 2006.

Long time friends of the DPA, the society hailed the Act as a victory for commons and greens, having lobbied for it for 40 years, ever since the last major law, the Commons Registration Act 1965, provided for the registration of commons and village greens throughout England and Wales.

Common land is land subject to, or formerly subject to, rights of common—to graze animals or collect wood for instance—or waste land of the manor not subject to rights. The public has the right to walk on nearly all commons, and to ride on many. Commons are protected in that works on common land require the consent of the Secretary of State for Environment, Food and Rural Affairs, via the Planning Inspectorate, under section 38 of the Commons Act 2006. Over 3,500 town or village greens also were registered under the 1965 Act.

Town and village green can be any land which has been enjoyed by local people for 20 years, without being stopped or asking permission. However, if a landowner wishes voluntarily to register land as a green, he or she may do so, under section 15(8) of the Commons Act 2006, merely by providing proof of ownership and the consent of any leaseholder or chargeholder. Once registered, the land is protected by section 12 of the Inclosure Act 1857 and section 29 of the Commons Act 1876, and local people have rights of recreation there.

The society identifies three elements of the Commons Act 2006 which it considers to be particularly significant, and calls on government to make some long-awaited improvements.

The Act:

1 allowed for the registration of ‘lost’ commons in Wales and certain parts of England;

2 clarified the law on works on and exchanges of common land, and gave the public a power to act against unlawful works;

3 enabled landowners voluntarily to register land as town or village green, thereby protecting it in perpetuity, and giving local people rights of recreation there.

‘Lost’ commons

The Open Spaces Society seized the opportunity to re-register ‘lost’ commons, which could be done in England in seven pioneer areas to 31 December 2020, and now in Cumbria and North Yorkshire until 15 March 2027. It is possible throughout Wales until 4 May 2032.

Thanks to its commons re-registration officer, Frances Kerner, with assistance in Cornwall from campaigner Tomas Hill, the society has re-registered 32 commons, with another ten granted in part, totalling 1,658 hectares (6.4 square miles). Tomas has registered 260 hectares (one square mile).

If not already accessible, this land will become available to walkers by right in due course. The Countryside and Rights of Way Act 2000 gives the right to walk on mapped commons, mountain, moor, heath, and down. The right does not apply to newly-registered commons until the maps are reviewed in around 2031, unless the land already qualifies as access land. For newly-registered commons in former urban districts there is an immediate right to walk and ride under section 193 of the Law of Property Act 1925.

What needs to happen

The opportunity to re-register lost commons should be rolled out across England, as was the original intention. At present landowners can apply to remove common land from the register throughout England, until 15 March 2027, but the public cannot register land.

Clarifying the law on works on common land

The Commons Act 2006 clarified which commons and which works required the consent of the environment secretary or Welsh minister, and gave the public a new power to take action against unlawful works on commons. The society is notified of all applications for works on, and exchanges of, common land in England and Wales, and responds to them all, championing the public’s interest in the land.

What needs to happen

Local authorities should have a duty to enforce against unlawful works on common land; it should not be left to the public to do this.

Town and village greens

The Commons Act gave a new power to landowners voluntarily to dedicate land as town or village green; many landowners have taken advantage of this. The land is thereby protected in perpetuity, and local people have legal rights of informal recreation there.

Examples are: Gillotts Field, Freeman’s Meadow, and Makins Field registered by Henley-on Thames Town Council, Oxfordshire; Scorton Parish Council’s registration of land in North Yorkshire; and Maes Glasfryn in St David’s, Pembrokeshire, registered by landowners Malcolm, Andrew, and Stuart Gray.

The act also allowed the registration of statutory recreational allotments as greens, giving them increased protection. Statutory recreational allotments were made in many inclosure awards in the eighteenth and nineteenth centuries. Most such allotments endure today as recreation grounds. Para.3 of Sch.2 to the 2006 Act enables such recreation grounds to be registered as town or village green (where this has not already been done), but again, can now be done only in Cumbria and North Yorkshire until 15 March 2027, and in Wales until 4 May 2032.

What needs to happen

Developers should be required to register open space as town or village green within a development of a certain size or density, otherwise any open space they provide could later be built on, blocking future access there.

Says Kate Ashbrook, general secretary of the Open Spaces Society: ‘Twenty years ago we hailed the Commons Act, and it has been a great improvement on previous legislation. But there is still much to be done to protect our precious commons, greens, and open spaces, and that achievement must be this government’s legacy.’

Image: Part of Walkhampton Common in the Dartmoor National Park, Devon, 12 square kilometres registered in 2025 following an application by the Open Spaces Society.