Monken Hadley Common Act 2022

7 Management of Common

(1) On and after the appointed day the Trust shall be responsible for the management of the Common.

(2) Without prejudice to the generality of subsection (1), the Trust may—

(a) do any works necessary for preserving, restoring, planting and maintaining the turf, trees, shrubs, plants and grass for landscaping and temporarily fence off such parts of the Common as it thinks necessary;

(b) execute works of draining, raising or levelling for the preservation and maintenance of the Common and fence off dangerous places;

(c) construct, place or erect and maintain, or permit the construction, placing or erection and maintenance of buildings, seats, fences, notice boards, gates and other structures.

(3) The prohibition in section 38(1) of the Commons Act 2006 applies in relation to the construction, placing or erection of any buildings, fences or other structures under subsection (2).

(4) Subject to subsection (5), the only purposes for which fences may be erected under subsection (2) are—

(a) the conservation, protection and improvement of the physical and natural environment of the Common and its suitability for recreation;

(b) the preservation of trees on the Common;

(c) the prevention of the risk of fire on the Common;

(d) the prevention of accidents or injury or other damage to health at any place, which is in the opinion of the Trust a source of danger, on the Common;

(e) any other purpose necessary, in the reasonable opinion of the Trust, for the furtherance of the primary objects.

(5) Nothing in subsection (4) prejudices or affects the exercise of powers under any enactment whereby access to the Common may be regulated or prohibited.