From: McPhee, Grant (Defra) [grant.mcphee@DEFRA.GSI.GOV.UK]
Sent: 08 October 2013 12:06
Subject: Commons Act 2006 Implementation Update No.25

8 October 2013

This is number 25 in a series of emails to update you on the implementation of the Commons Act 2006 (‘the 2006 Act’).  In this update:

·       Consultation on the Brendon Commons Council Establishment Order

Please feel free to circulate this to colleagues or other interested people — or just hit ‘reply’ and say ‘no thanks’ if you want to have your name removed from this distribution list (we won’t be offended!). This update is also sent to members of the National Common Land Stakeholder Group.

Consultation on the Brendon Commons Council Establishment Order

We have published a consultation to determine whether there is substantial support for the creation of Brendon Commons Council (North Devon), which would be the first under Part 2 of the Commons Act 2006.

Section 27 of the Commons Act 2006 sets out the process for making commons councils and it requires the Secretary of State (for Defra) to consult on a draft order. The order can only be made if substantial support is shown for it.

When considering responses to the consultation, the Secretary of State must have particular regard to responses from persons who have a legal interest in the land. Such persons comprise:

- those with a right over, or who occupy, the common (other than rights of common);

- those who have rights of common over the common; and

- those who have a legal function related to the maintenance or management of the common.

The consultation, which only has two questions, has been published at the web address below. The deadline for responses is 3 November.

Further information

More information about the 2006 Act is available at: 

If you have any questions about this email, please don’t hesitate to contact us by return e-mail at:      

Grant McPhee | Commons, Access and Inland Waterways | Landscape & Outdoor Recreation Programme | Department for Environment, Food and Rural Affairs
Tel: 0207 238 6326 | GTN: 238 6326 | E-mail: | Address: Area 1D | Nobel House | 17 Smith Square | London SW1P 3JR

Department for Environment, Food and Rural Affairs (Defra)

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