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Vehicular Access Across Common and Other Land (England) Regulations 2002

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: Vehicular Access Across Common and Other Land (England) Regulations 2002 No. 1711

Regulation 6(3)


1.  The application shall contain the following information—

(a)the name and address of the applicant;

(b)a description of the premises;

(c)a description of the applicant’s interest in the premises;

(d)details of the current use of the premises and the use during the period giving rise to the entitlement to apply for the easement;

(e)where the relevant use of the way has ceased, the date of the cessation;

(f)where the premises, or, where regulation 11(3) applies, the former premises, were in existence on 31st December 1905 or 30th November 1930, a statement confirming those facts;

(g)the nature of the use of the access, including any limitation or incidental right to which the easement should be subject or which should be included in the easement;

(h)the dimensions of the width of the way; and

(i)the proposed compensation sum to be paid to the land owner in respect of the easement, together with the basis on which it is calculated.

2.  The application shall be accompanied by—

(a)a map of an appropriate scale (1:1250 or 1:2500) showing the premises (marked in blue), the way (marked in red) and sufficient other land to establish the exact location of the premises and the way in relation to the surrounding area;

(b)evidence (which may include a statutory declaration) that—

(i)the way is a way to which section 68 of the Act applies; and

(ii)where the application is served after 12 months of the date on which these Regulations come into force, either that the relevant use of the way has not ceased or that such use ceased no more than 12 months before the date on which the application is served; and

(c)an estimate prepared by a chartered surveyor of the value of the premises as at the valuation date, and “valuation date” has the same meaning for this purpose as in regulation 11(4).

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