The public now have the chance to reclaim lost commons in Cumbria and North Yorkshire. We talked to Nicola Hodgson of the Open Spaces Society about what this opportunity means for walkers.

Since the Countryside and Rights of Way (CRoW) Act of 2000 gave the public ‘freedom to roam’ on all common land in England and Wales, commons have been integral to walkers’ enjoyment of the countryside. Now we’re being given the chance to expand the areas accessible under the CRoW Act by re-registering land that was mistakenly left off the 1965 Commons Registration.

Yesterday, Cumbria and North Yorkshire were added to a list of seven pioneer areas where the public can already reclaim ‘lost’ commons. Land in famous hill walking hotspots such as Seatoller Fell and Bassenthwaite could potentially be among the areas affected. The Open Spaces Society (OSS) has been instrumental in campaigning for the re-registration of lost commons, so we asked OSS case officer Nicola Hodgson to shed some light on the new changes.

What exactly is common land?

It’s a historical thing really, dating back to the times when landowners would often have areas of wasteland on their estates that peasants and other people working the land were permitted to use. Some of these areas subsequently became commons. It’s a misconception that the public owns common land, though - actually it’s just land over which ‘commoners’ have rights. These rights might include grazing or taking peat from the land - that sort of thing.

Why are commons important for those of us who love the countryside?

Under the Countryside and Rights of Way (CRoW) Act 2000, the public has the right to use common land on foot, so commons are important for walkers. There are also other commons where people have higher rights, which could include, for example, the right to ride horses.

Why are the public being given the chance to reclaim ‘lost’ commons?

A lot of applications made under the 1965 Commons Registration were cancelled or withdrawn, because of a court case ruling that the ‘wasteland of a manor’ had still to be under the ownership of the lord of the manor to be eligible for registration. The House of Lords overturned this decision in the 1990s, and then the Commons Act 2006 opened up the opportunity for land to be re-registered as common land. The register reopened in seven pioneer areas of the UK in 2008. On December 15th, though, new regulations will come into force that mean the public will have the chance to re-register common land in Cumbria and North Yorkshire as well. 

Have there been any successful applications in the seven pioneer areas?

There have been quite a few successes, particularly in Cornwall.

Which areas of Cumbria and North Yorkshire have a chance of being added to the Commons Register?

There are potential commons in Cumbria at Irthington, Hethersgill, the Solway Coast, Bassenthwaite, Seatoller Fell and Fawcett Forest. Also in North Yorkshire at Hurst Moor, Swaledale and Wensleydale, Coverdale, Nidderdale, the North York Moors and Wharfedale.

Can anybody apply to register a lost common?

Absolutely. Usually it’s people from a commons association or a charity such as ourselves, but individuals can make applications as well.

How can they go about doing this?

It’s not entirely straightforward, but we offer an information sheet on our website that sets out the process. There is also a website www.commonsreregistration.org.uk, which has been partly funded by us and on that you’ll find information about all the different areas that could be eligible for registration.

Could the opportunity to recover lost commons soon be on offer across the country?

National rollout was supposed to be in 2010 or 2011, but we’ve been told that there are no plans at the moment to extend the implementation of the Commons Act before the election. It’s something that us and other groups have been lobbying DEFRA about, so if you feel passionately about it then the best thing is to join us!

The bad news is that applications can also be made under the Commons Act to remove land from the Commons Register….

That’s right - and there have already been some applications to remove land that was supposedly wrongly registered in the seven pioneer areas. The extra bad news if that, from December onwards, there will be five types of what DEFRA calls ‘corrective applications’, which will allow removal of land on a national basis. Since re-registration will only be permitted in nine areas of the UK, we think that’s completely unfair.  

If an area is successfully re-registered as common land then what does that mean for walkers?

What it means firstly is that there should be more areas to which walkers can have access. Secondly, that land will have additional protection from development because any plans for works on common land have to have the consent of the Secretary of State. So it’s great news for walkers and anybody who loves the countryside!

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