Legal Updates

Common land amendment made to planning bill

Date:  18 Nov 2008

The House of Lords will today (November 18th) consider the planning bill for a third time, following further amendments, it has been reported.

Changes have been made to the draft in a bid to safeguard common land, following suggestions that the previous version put it at risk.

According to Kate Ashbrook, general secretary of the Open Spaces Society, it appeared that the bill was "sweeping away" special protections granted to common land.

Among the existing requirements is the need for express permission to be granted by the secretary of state for environment before anyone can erect structures on such land.

She added: "As drafted, the planning bill appeared to override current legislation which requires that, when a common is taken for development, exchange land must be given back."

Ms Ashbrook added that the amendment restored the existing provisions regarding applications for work to be conducted on common land.

The main purpose of the planning bill is to enable swifter decision-making where large infrastructure projects are concerned.

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