The Commons Registration (England) Regulations 2014

Applications under section 6: creation of right of common

1.—(1) An application under section 6 of the 2006 Act may only be made by—

(a) the owner of the land over which the right of common is to be exercisable; or

(b) the owner of the land to which the right of common is to be attached,

and the application must show in which capacity it is made.

(2) The application must show that the following persons consent to it—

(a) the owner (other than an owner who is the applicant)—

(i) of the land over which the right of common is to be exercisable; or

(ii) of the land to which the right of common is to be attached;

(b) any relevant leaseholder of the land over which the right of common is to be exercisable;

(c) any person having the benefit of a relevant charge over the land over which the right of common is to be exercisable.

(3) The application must include—

(a) evidence of the applicant’s capacity to make the application by virtue of sub-paragraph (1)(a) or (b);

(b) a description of the right of common to be created;

(c) a description of the land over which the right of common is to be exercisable;

(d) a description of the land to which the right of common is to be attached; and

(e) where the right of common to be created consists of a right to graze any animal, evidence that the land over which that right would be exercisable is able to sustain the exercise of that right (together with, if the land is already registered as common land, any other rights of common to graze animals already registered as exercisable over that land).