The Register of Common Land and Town and Village Greens was first established under the Commons Registration Act 1965. The Commons Act 2006 imposes a duty on registration authorities to continue to maintain the register established under the Act.
You can inspect the Register of Common Land and Town and Village Greens, and any applications in respect of amending the register, during normal office hours. Office hours are:
Monday to Friday 9.30am-12.00 noon and 2.00pm-4.30pm (except public holidays).
Please telephone 01633 644073/644075 to arrange an appointment.
You can inspect the Register at:
Land Charges Section
Monmouthshire County Council
Amendment of Register – Rights of Common
Section 13 of the Commons Registration Act 1965 gives the registration authority limited power to amend the information held in the register.
Rights Section: when grazing rights are apportioned, severed, extinguished or released, varied or transferred.
Whenever land with attached rights is subdivided and sold as separate plots, some rights of common must be apportioned on a pro-rata basis according to acreage.
Section 9 of the Commons Act 2006 prohibits the severance of rights of common (subject to several exceptions) with retrospective effect from the 28th June 2005.
Application to amend the Rights Section of the register must be made by means of a statutory CR Form 19, “Application for the amendment of a register in relation to a right of common”.
There is currently no fee for making a CR Form 19 application.
Registering a ‘New’ Town or Village Green
Regulations in respect of Section 15 of the Commons Act 2006 came into effect in Wales on the 6th September 2007. The regulations introduced interim arrangements and a new statutory application form, Form 44.
Applications to register a ‘new’ town or village green must be made on Form 44 – ‘Application for the registration of land as a Town or Village Green’ – supported by a statutory declaration and further evidence. This usually takes the form of witness statements.
There is currently no fee for making an application.
If you would like further information, or have any comments to make about our service, please email firstname.lastname@example.org or telephone 01633 644073/644075
Correction, Non-registration or Mistaken Registration – Regulations 2017 (Wales) Commons Act 2006
NOTE – Updating an entry in the Rights Section of the Register of Common Land, for example to record the new owner(s) of a farm and their entitlement to exercise a right of common (i.e. grazing), is NOT covered by these regulations. Further regulations are awaited from the Welsh Government to allow for updating the register.
Anyone can make an application to correct the registers of common land and town and village greens under section 19, 22 of, or Schedule 2 to the 2006 Act.
Welsh Government Guidance and Application Forms Link: http://gov.wales/topics/environmentcountryside/farmingandcountryside/common/commonsact2006/section-19-and-schedule-2/?lang=en
Applicants will need to include an up-to-date Ordnance Survey map with their application at a scale of 1:2,500 or 1:10,000. The map must have the relevant area of land hatched in a distinctive colour, ideally red.
Monmouthshire County Council Application Fees (PENDING AUTHORISATION AND PUBLICATION)
Applicants may, depending on the application they are making, be required to pay an initial application fee and further instalments, to enable Monmouthshire County Council to recover the full cost of determining the application.
Applications made under section 19(2)(a) (correcting a mistake made by the registration authority) and 19(2)(c) (removal of a duplicate entry from the register) do no attract an application fee as these are viewed as mistakes having been made historically by the Commons Registration Authority. Similarly, applications under Schedule 2, paragraphs 2-5 (inclusive) are also free of charge as their determination is seen as being in the public interest and costs incurred by the Commons Registration Authority will be reimbursed by the Welsh Government.
Referral to Planning Inspectorate (PINS Wales)
Monmouthshire County Council, as Commons Registration Authority must refer an application or proposal to the Planning Inspectorate (PINS Wales) for determination if any of the following apply (regulation 15(2) and (3) of the 2017 Regulations):
- the Commons Registration Authority has an interest in the outcome of the application or proposal and it is unlikely that there would be confidence in its impartiality; or
- the Commons Registration Authority has received objections to the application or proposal from those with a legal interest in the land;
and in either case:
- the application or proposal is seeking to add or remove land from the register;
- the application or proposal is seeking to correct an error in the number of rights of common in the register; or
- the application or proposal is made under Schedule 2, paragraphs 2 to 9 of the 2006 Act.
Additional fees are payable by the applicant to the Planning Inspectorate: http://planninginspectorate.gov.wales/contact_us/?lang=en
If Monmouthshire County Council determines the application, it may be necessary to hold a public inquiry or a hearing, and the council will seek reimbursement from applicants for all additional costs.