To
Her Majesty Queen Elizabeth II
Buckingham Palace
London SW1A 1AA
United Kingdom.

 

Your Majesty.

Ma’am, may I write to you in the hope common lands may be saved from total destruction?

Claims of ownership and to other rights are the main reason why this is happening.

Natural England are encouraging our local governments to claim rights of ownership or that it has management rights on and over the common lands of which they are the registering authorities.

Your Majesty has full knowledge of the Parliamentary bills that have been passed, to which your Majesty gave Royal Assent.

The 1965 Commons Registration Act provides that where the Commons Commissioner was unable to trace an owner of common lands in England and Wales, these were vested in the local authority for protection.

Your Majesty such common lands in 1965 were placed under section 9 of that act, and protected from unlawful works under section 194 of the 1925 las of property act.

Those acts were passed by Parliament, and afforded by your Majesty Royal Assent, and therefore are laws ob the United Kingdom.

Ma’am, the 2006 Commons Act sought to substantially re enact the legislation provided in the 1965 common acts, on and over common lands, and Parliamentary bills were passed and accordingly received the Royal Assent.

Your Majesty, the 2006 Commons Act also repealed various acts that had been passed and were lawful up to the 2006 Commons Act.

Ma’am, the 1285, and the 1773 and 1776 rights to enclose or approve Common lands was repealed by sections 47-1 and 47-2 which abolishes any power of approvement at common law which may subsist alongside the 1285 act.

Your Majesty, Common land is one of the jewels of this country, something to fight for, so as to retain the natural phenomena and public unimpeded access.

Ma’am the 1958 Royal Commissions widely praised report on the state of Common land and its recommendations for sustaining what it calls ” This last reserve of uncommitted land in England and Wales”.

Your Majesty we are loosing this precious gift which has been left to us by passed generations, this is our inheritance, which we must pass on to others that follow.

Ma’am we of this life will not be in a position to pass on any of which we inherited because of the way in which the laws of this land that are relevant to Common land legislation are being abused.

Natural England and the Planning Inspectorate are the main driving force behind the mis-appropriatation of common lands in the UK to day; the planning applications are by false representations.

Natural England is causing local authorities to apply to the Planning Inspectorate for works on common lands and for them claim to be the owners, or with management rights, yet these commons are known to be vested in the council because no owner can be traced.

Subsequently there is no common owners register held by the registering authorities for a section 9 or section 45 common land. Your Majesty the works are for enclosure by the use of stock fencing, this act is prohibited under section 47-2 of the 2006 commons act, an act which the Planning Inspectorate is fully aware of.

The Planning Inspectorate is also aware of the status of the Common Lands that the applications refers to.

With this in mind consent is given to include a “supplementary” which states “That providing the works are not in breach of any enactment, the works will be lawful”, running with the fox and hounds.

Ma’am, the Planning Inspectorate and the local government are seized of the legislations on Common lands, and therefore applications for enclosura and for selective inhabitants of the common land should be refused.

The Natural Phenomena on some common lands have now been extinguished, so has the lawful access by pedestrian and horse, all in the name of “save” what has been in a natural existence for many years.

Many common lands were requisitioned for the war efforts, and have reinstated itself back to natural existence with plant and animal life.

Your Majesty some commons are used for grazing, why Natural England and Butterfly Conservation wish to identify Flora and Fauna on Common Land, which is sustenance for commoner’s livestock, as SSSI, is going from the sublime to the ridiculous.

Statements from both organisations warn against damage to SSSI will result in a £20,000 fine, how will this be claimed against lawful rights?

The general public are not accepting the manner in which the extinguishment of their rights to unimpeded access on common land and the ways in which and under what pretentious applications are made to achieve that agenda.

Ma’am, because the actions by local government is protected by the Constabulary and district courts, applications under section 41 of the 2006 commons act for disclosure and for the works to be removed, are denied.

There then remains the only other avenue to fight against the destruction of common lands in the name of “enhancement” and that is by being proactive so as to gain judgement from a higher court.

This course of action is successful because legislation is observed by the presiding judge, however, to ask that the judgement is implemented by the constabulary and council is always denied.

Ma’am, for the persistent objector to planning applications and to works commencing subject to that consent being given by the Planning Inspectorate, ones freedom is put in jeopardy, Your Majesty, without our rights, what is the use of freedom, one cannot access it.

Your Majesty we should not have to resort to such measures to keep our common lands as they are intended to be, but money is the incentive used by Natural England to steal our way of life, our rights.

I have the Honour to be Madam, your Majesty’s Humble and loyal subject.

Tony Barnett

commonheritage2001@hotmail.com