SCHEDULE 4Making an application
Applications under section 11: re-allocation of a right of common5
1
An application under section 11 of the 2006 Act must show that the following persons consent to it—
a
any relevant leaseholder of the land to which the right of common is attached;
b
any person having the benefit of a relevant charge over that land.
2
The application must include—
a
evidence of the applicant’s capacity (as owner of the land to which the right of common is attached) to make the application;
b
the numbers of the register unit and the rights section entry in the register of common land or town or village greens for the right of common to which the application relates;
c
a description of the land to which the right of common is attached; and
d
details of which part of that land qualifies as “the relevant part” (as described in section 11(1)(b) of the 2006 Act), together with evidence for its so qualifying.
3
Where it relates to only part of a right of common, the application must—
a
identify that part of the land to which it is attached; and
b
be accompanied by an application made for the purposes of section 8 of the 2006 Act.
4
For the purposes of subsections (2) to (4) of section 11 of the 2006 Act the use of land for any of the following purposes is to be regarded as use of that land for agricultural purposes—
a
growing crops;
b
pasture or grazing;
c
forestry;
d
the keeping of land as woodland or scrubland;
e
any purpose in respect of which any payment under the single payment scheme is made.
5
For the purposes of this paragraph “single payment scheme” has the meaning it is given in the Common Agricultural Policy Single Payment and Support Schemes Regulations 201021.