Commons Register 'corrective' applications
Members of the public are now able to apply to make changes to the Register of Common Land in Wales, if they believe that it is incorrect and have evidence to support that.
The Regulations explain the types of application that can be made and the way in which they will be processed and decided.
Fees are payable for certain types of 'corrective' application. For these, applicants will be expected to meet all costs associated with the process, which will include the Council's time in:
- Checking that applications are 'validly made', with the required supporting evidence; advising applicants of the next steps and / or any additional information needed;
- Advertising and sending out formal notification of the application, including preparing documents and making them available for public inspection;
- Putting up site notices, for most (but not all) types of application;
- Liaising with the applicant and objectors if objections are made, to allow for comments to be exchanged;
- Determining the application.
- Notifying the applicant and others of the outcome of the application.
The cost of assessing these applications reflects the fact that specialist Commons Registration and legal input will be required.
The fee that must be submitted with each type of application is shown in the attached table. This is the minimum cost of processing the application to completion, if no objections are made. The instalments payable for opposed applications are also shown.
The decision about the outcome of individual applications will be made by either the Council, as the Commons Registration Authority, or by the Planning Inspectorate. This will depend on whether the application is opposed, the nature of the objection(s) and the type of application made. Please be aware that:
- If determining the application, the Council may need to give opportunity for objectors and others to be heard. It may be necessary to hold a hearing, or a public inquiry; the cost of a public inquiry with an independent inspector is at least £2000;
- The Planning Inspectorate will recharge the applicant, if the application must be referred to them. They will advise the applicant of their fees at the time of referral.
Please see the attached application forms and guidance notes below for further information.
Please note that Powys County Council will record the actual time taken and will notify applicants if the costs exceed the amounts shown. All instalments must be paid before any further work is carried out on the application by the Council.