Part 1

Registration

Registration, deregistration and exchange of land

Deregistration and exchange: applications
16
1
The owner of any land registered as common land or as a town or village green may apply to the appropriate national authority for the land (“the release land”) to cease to be so registered.
2
If the release land is more than 200 square metres in area, the application must include a proposal under subsection (3).
3
A proposal under this subsection is a proposal that land specified in the application (“replacement land”) be registered as common land or as a town or village green in place of the release land.
4
If the release land is not more than 200 square metres in area, the application may include a proposal under subsection (3).
5
Where the application includes a proposal under subsection (3)—
a
the replacement land must be land to which this Part applies;
b
the replacement land must not already be registered as common land or as a town or village green; and
c
if the owner of the release land does not own the replacement land, the owner of the replacement land must join in the application.
6
In determining the application, the appropriate national authority shall have regard to—
a
the interests of persons having rights in relation to, or occupying, the release land (and in particular persons exercising rights of common over it);
b
the interests of the neighbourhood;
c
the public interest;
d
any other matter considered to be relevant.
7
The appropriate national authority shall in a case where—
a
the release land is not more than 200 square metres in area, and
b
the application does not include a proposal under subsection (3),
have particular regard under subsection (6) to the extent to which the absence of such a proposal is prejudicial to the interests specified in paragraphs (a) to (c) of that subsection.
8
The reference in subsection (6)(c) to the public interest includes the public interest in—
a
nature conservation;
b
the conservation of the landscape;
c
the protection of public rights of access to any area of land; and
d
the protection of archaeological remains and features of historic interest.
9
An application under this section may only be made with the consent of any relevant leaseholder of, and the proprietor of any relevant charge over—
a
the release land;
b
any replacement land.
10
In subsection (9) “relevant charge” and “relevant leaseholder” have the meanings given by section 15(10).
S. 16 partly in force; s. 16 not in force at Royal Assent see s. 56(1); s. 16 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2 (with art. 3)
Pt. 1 excluded (9.6.2009) by Nottingham Express Transit System Order 2009 (S.I. 2009/1300), arts. 1, 5(11) (with Sch. 13 para. 14(2), Sch. 14 para. 19)
Pt. 1 excluded (9.6.2009) by Nottingham Express Transit System Order 2009 (S.I. 2009/1300), arts. 1, 35(6) (with Sch. 13 para. 14(2), Sch. 14 para. 19)
Pt. 1 excluded (9.6.2009) by Nottingham Express Transit System Order 2009 (S.I. 2009/1300), arts. 1, 46(5) (with Sch. 13 para. 14(2), Sch. 14 para. 19, Sch. 16)
S. 16 in force at 1.4.2012 for W. by S.I. 2012/739, art. 2(a) (with art. 4(1))
Pt. 1 excluded (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017 (S.I. 2017/830), arts. 1, 4(10) (with Sch. 8 para. 20)
Pt. 1 excluded (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 4(9) (with arts. 55-57, Sch. 8 para. 13)
Pt. 1 excluded (25.3.2022) by The Bridgwater Tidal Barrier Order 2022 (S.I. 2022/299), arts. 1, 4(10) (with art. 55)