The land was part of a manor. It was still open, uncultivated and unoccupied. Therefore it complied with the criteria to enable it to be registered as common land.

Carn Galva Common, west of Zennor in north Cornwall, has been reclaimed as registered common land, using legislation which is being pioneered in Cornwall (part 1 of the Commons Act 2006).(3)

Following a public inquiry last month, planning inspector Mrs Helen Slade ruled that the land should be recorded on the commons register.

Carn Galva Common covers approximately 70 hectares. The land is open heather moorland. It is owned by the National Trust and was recorded as access land under the Countryside and Rights of Way Act 2000, giving the public the right to walk over it.

The applicant, Mr Ian McNeil Cooke on behalf of Save Penwith Moors, argued that the land was part of a manor. It was still open, uncultivated and unoccupied. Therefore it complied with the criteria to enable it to be registered as common land.

The National Trust supported the application, as did the Open Spaces Society and British Horse Society. There were three objectors but none of them appeared at the inquiry. Their objections related to the management of the land for grazing and were held not to be relevant.

Says David Coles of Save Penwith Moors, which campaigns to keep commons open and free: 'We are delighted to have returned this land to the commons register, from which it was wrongly omitted 40 years ago. This will ensure that the public's rights to use and enjoy it are safeguarded for all time, and that the land has additional protection from development, since any works here will need the consent of the Secretary of State for Environment, in addition to any planning permission.'

Adds Kate Ashbrook, general secretary of the Open Spaces Society: 'We urge everyone with an interest in common land to follow the excellent example of Save Penwith Moors. They should research whether there is land in Cornwall and the other pioneer areas which was wrongly omitted from registration 40 years ago, and which is eligible for registration now. The Open Spaces Society can help with the process.'

The Open Spaces Society, with the Foundation for Common Land and many other organisations, is pressing Defra to implement part 1 of the Commons Act 2006 throughout England so that all the registers can be corrected.

Tony Barnett praises the Save Penwith Moors campaign

ONE THING FOR SURE LADS, THE SUCCESS IS YOURS AND YOURS ALONE, MY SINCERE CONGRATULATIONS.

Says Tony Barnett

WELL DONE IAN, LET NO ONE TAKE IT AWAY FROM YOU THAT,YOU AND THE LADS DID THIS THROUGH SHEER DETERMINATION AND GUTS TO ENGAGE IN FIERCE BATTLE TO REGAIN YOUR HERITAGE AND FREEDOM TO ROAM.

TO KATE ASHBROOK, THIS IS TYPICAL OF YOUR DOUBLE STANDARDS, IF, HLS OR HLF FUNDING WAS INVOLVED, YOU WOULD HAVE SUPPORTED THE ENCLOSURE, JUST AS YOU HAVE ON WHITCHURCH HEATH COMMON CL21 AKA PREES HEATH AND HARTLEBURY COMMON CL68 AND WITH A CLEAR CONSCIOUS, AS LONG YOUR PALS EN, RSPB AND BC ARE NOT INVOLVED, YOU WILL THEN CLAIM TO SUPPORT THE OBJECTORS, PERHAPS YOU WILL COME AND SUPPORT STEPHEN LEWIS AND THE REST OF BUTTERFLY CONSERVATION ON 29th APRIL IN SHREWSBURY CROWN COURT AND MAKE A STATEMENT TO THE JURY AND SAY THAT "YOU" SUPPORTED THE APPLICATION TO PINS AND FOR FUNDING AND ARE THEREFORE FULLY BEHIND THE TOTAL CARNAGE VISITED UPON WHITCHURCH HEATH COMMON CL21 AND THE APPLICATION TO PINS AND FOR HLS TO TOTALLY DESTROY HARTLEBURY COMMON CL68.

ONE THING FOR SURE LADS, THE SUCCESS IS YOURS AND YOUR ALONE, MY SINCERE CONGRATULATIONS.