Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Use definition

What does Use mean? In legal practice, Use describes any act of dealing with information, materials, works, data or technology. It is usually a contractual umbrella term capturing a broad range of actions, commonly including to distribute, disclose, store, use, analyse, copy, reproduce, extract, modify or adapt, whether in whole or in part. Use is not generally fixed by statute; its scope turns on the wording of the relevant agreement and context. That said, it intersects with specific legal regimes. In intellectual property, “use” of a trade mark in the course of trade (UK Trade Marks Act 1994; Irish Trade Marks Act 1996) and the...

Common land works: s 38 consent, exceptions, s 39 decision criteria, procedure, enforcement and unauthorised agricultural activities under the Commons Act 2006 (England and Wales)

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Practice notes

Importance of common land

Common land offers multiple advantages, such as:

economic—pasture for livestock, jobs and revenue from sporting Use and tourism
agricultural—stock grazing on commons, upholding Sustainable agricultural management
Biodiversity—retaining natural vegetation rich in flora and fauna, safeguarding varied habitats and supporting SSSIs
archaeological—conserving landforms and features in undisturbed soils, protecting significant archaeological and historic sites
recreational—public and visitor enjoyment of the landscape, open space for communities
cultural—community spaces for long-standing and traditional activities

The Commons Act 2006 (CoA 2006) empowers government to protect and safeguard commons.

Prohibition on works to common land without consent

Under CoA 2006, s 38, approval from the Secretary of State or Welsh Ministers (the ‘determining authority’) is needed before undertaking ‘restricted works’ on:

any land entered on the commons register (see Practice Note: Creation and registration of common land for details on registration)
land not registered as common land that is:
- regulated by an Act made under the Commons Act 1876 confirming a provisional order of the Inclosure Commissioners, or
- subject to a scheme under the Metropolitan Commons Act 1866 or the Commons Act 1899...

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Web page updated on 21/05/2026

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