Says Tony Barnett

OBJECTING TO SECTION 10 1965 COMMONS REGISTRATION ACT, THE LEGISLATION WAS SUBSTANTIALLY RE ENACTED IN THE 2006 COMMONS ACT [ROYAL ASSENT]

IN ANY PROVISIONAL ORDER IN RELATION TO A COMMON,THE SECRETARY OF STATE SHALL, IN CONSIDERING THE EXPEDIENCY OF THE APPLICATION TAKE INTO CONSIDERATION THE QUESTION WHETHER SUCH APPLICATION WILL BE FOR THE BENEFIT OF THE NEIGHBOURHOOD, AND SHALL, WITH, WITH A VIEW TO SUCH BENEFIT, INSERT IN ANY SUCH ORDER OF THE FOLLOWING TERMS AND CONDITIONS [IN THIS ACT REFERRED TO AS STATUTORY PROVISIONS FOR THE BENEFIT OF THE NEIGHBOURHOOD] AS ACCEPTABLE TO THE CASE: THAT IS TO SAY;

THAT FREE ACCESS IS TO BE SECURED TO ANY PARTICULAR POINTS OF VIEW

THAT PARTICULAR TREES OR OBJECTS OF HISTORICAL INTEREST ARTE TO BE PRESERVED.

THAT CARRIAGE ROADS, BRIDLE PATHS AND FOOTPATHS OVER SUCH COMMONS ARE SET OUT IN SUCH DIRECTIONS AS MAY APPEAR MOST COMMODIOUS , AND THAT ANY OTHER SUCH SPECIFIED THING IS TO BE DONE WHICH MAY BE THOUGHT EQUITABLE AND EXPEDIENT, REGARD BEING HAD TO BENEFIT OF THE NEIGHBOURHOOD.

SECTION 10, EVIDENCE IN RELATIONSHIP TO THE NEIGHBOURHOOD.

THE SECRETARY OF STATE SHALL ALSO REQUIRE IN THE CASE OF AN APPLICATION FOR ENCLOSURE SPECIAL INFORMATION AS TO THE ADVANTAGES THE APPLICANTS ANTICIPATES TO BE DERIVED FROM THIS ENCLOSURE OF COMMON LAND AS COMPARED WITH THE REGULATION OF COMMON LAND ALSO THE REASONS WHY AN ENCLOSURE IS EXPEDIENT WHEN VIEWED IN RELATION TO THE BENEFIT OF THE NEIGHBOURHOOD.

LAW OF COMMONS ACT 1893 Ss3 IN GIVING OR WITHHOLDING HIS CONSENT UNDER THIS ACT THE MINISTER SHALL HAVE REGARD TO THE SAME CONSIDERATIONS, AND SHALL, IF NECESSARY, HOLD THE SAME INQUIRES AS ARE DIRECTED BY THE 1876 COMMONS ACT TO BE TAKEN INTO CONSIDERATION AND HELD BY THE SECRETARY OF STATE BEFORE FORMING AN OPINION WHETHER AN APPLICATION UNDER THE ENCLOSURE ACT 1857 SHALL BE ACCEDE OR NOT.

1893 ANY ENCLOSURE PURPORTING TO BE MADE UNDER THE STATUTE OF MERTON OR WESTMINSTER WILL NOT BE LAWFUL WITHOUT CONSENT OF THE MINISTER

1876 IS THE COMMONS REGULATION ACT.

ALL OF THE ABOVE MAY BE SITED WHEN OBJECTIONS ARE MADE AGAINST ENCLOSURE/FENCING/GATES ETC.

------------- OBJECTING TO ENCLOSURE/FENCING/GATES ETC

Says Craig Weatherhill

Our problem in West Cornwall is that many of the areas of concern are open moorland that is not registered under the Commons Act (although some are).