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Commons Act 2006

Section 51 Vehicular access

224.Section 51 repeals section 68 of the Countryside and Rights of Way Act 2000. Section 68 was enacted to deal with a problem that had arisen as a result of the judgment of the Court of Appeal in Hanning v. Top Deck Travel(50), affecting householders who access their homes by vehicle over typically unenclosed land such as commons or greens. In Defra’s view section 68, and the regulations made under that section(51), have now become redundant following the judgment of the House of Lords in Bakewell Management Ltd v. Brandwood(52).

50

[1993] 68 P & CR 14.

51

The Vehicular Access Across Common and Other Land (England) Regulations 2002 (SI 2002/1711), and The Vehicular Access Across Common and Other Land (Wales) Regulations 2004 (SI 2004/248).

52

[2004] 2 AC 519.

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