Overview Part 3: Works
34.Part 3 contains provision to prohibit the carrying out of works on certain common land without the consent of the appropriate national authority and makes provision about how consent may be obtained. It replaces section 194 of the Law of Property Act 1925, the main existing statutory control on works on common land (see paragraph 1313), which is repealed.
35.The controls on works in section 194 apply to common land subject to rights of common on 1 January 1926. This gives rise to some considerable problems of application, since, as that date recedes into the past, it has become increasingly unclear whether the controls apply to particular common land. The problem is especially acute in relation to common land not subject to any rights of common at the date of registration, and in relation to town or village greens. Part 3 instead provides that the controls apply to all registered common land.
36.Certain enactments which make specific provision about works on particular classes of common land are amended to ensure consistency with the new regime.