Form

Guidance on completing your common land and shared grazing form for EWCO

Published 23 October 2025

Applies to England

Read this guidance if you intend to include common land, or an area of shared grazing, in your England Woodland Creation Offer (EWCO) application.

You must meet the requirements in this guide and the EWCO guidance, unless stated otherwise.

The EWCO additional contribution for recreational access is not available for applications on common land. However, it may be available if the applicant can provide evidence there is no an existing right of access over the land. 

1. How common land and shared grazing are defined 

For EWCO, ‘common land’ is defined as: 

• land registered as common land in a register of common land kept under Part 1 of the Commons Act 2006 

• land to which Part 1 of that Act does not apply and which is subject to rights of common within the meaning of that Act 

‘Shared grazing’ means communal pasture that is not registered as common land, where graziers have a legal entitlement to graze. For example, a pasture used jointly by tenants is known as shared grazing. 

Graziers with an area of shared grazing, follow the same rules in this guidance as commoners with common land.

2. Check what you need to do based on your situation 

Read the following summaries to check what you need to do in the situations that apply to you.  

2.1 You’re the landowner, with sole use and rights for the whole common 

You must: 

• read the ‘Consult stakeholders’ and ‘Engage with the public’ sections only, in this guidance 

• read and meet the requirements in the EWCO guidance  

• enter the common land as your holding or attached to your holding, on your EWCO application form 

2.2 You do not have sole use of the land and there are 2 or more beneficiaries 

You need to agree on a person to represent your group or association. The selected person (who can be an agent) will be known as the ‘applicant’. 

Each potential participant in the EWCO agreement must sign a letter to authorise the applicant to act on behalf of the group or association. 

The applicant must: 

• read all sections in this guidance and the EWCO guidance to make sure the group meets the requirements 

• be the main business contact for the EWCO application and any subsequent EWCO agreements 

• produce an internal agreement which includes the responsibilities of each person and how payments will be distributed 

• make sure the internal agreement meets the needs of the group, is signed by all parties and is submitted with the EWCO application form (the agreement cannot start without it) 

• fill in and submit the EWCO application form and required documents 

• fill in a EWCO common land and shared grazing supplementary form and submit it with the application 

• sign and manage the EWCO agreement 

• receive the EWCO grant payments 

2.3 If there is no known landowner 

Where there is no known landowner, and ownership is recorded as ‘unknown’ on the commons register, contact us to discuss it. 

The local authority: 

• will usually have ownership of the common, where there is no known landowner 

• may be responsible for the management of the common (under a scheme for the regulation and management of a common, made under the Commons Act 1899 - in some cases, the common has no known owner) 

In either case, you’ll need to get agreement from the local authority for your EWCO application. 

If the landowner cannot be identified or contacted, give us a full explanation so that we can progress your application. 

2.4 Parts of the common are managed differently 

Part-common EWCO agreements are only allowed under exceptional circumstances, on a case-by-case basis, as agreed with the Forestry Commission.  

Normally, commons correspond to habitat and management boundaries. In exceptional cases, parts of a single common may be managed in different ways. If this is the case for you, it may be more appropriate to apply for a part-commons agreement.  

Your part-commons agreement must meet all the requirements for commons agreements. It must: 

•  cover a defined area of land with its own Rural Payments service land parcel numbers 

•  include an agreement area that is visibly distinct or is bounded by a physical barrier to mark it out from the non-agreement area 

•  have a separate and binding association and group internal agreement 

The area of part-common in your agreement must be managed as a separate and single grazing unit. Land management practices on the rest of the common must not put delivery of the agreement at risk. 

You will need: 

• an audit trail justifying splitting the common 

• an explanation of how the agreement works, including how to manage any non-participation by rights holders 

3. Before you apply 

If you are the applicant, you will be responsible for stakeholder consultation and public engagement.

3.1 Consult stakeholders  

Your stakeholders are people or organisations interested in, or affected by, your EWCO plans. Stakeholders are specific to your site.

Undertake stakeholder consultation as outlined on the woodland creation plan tab (5) of the EWCO application form.

In addition to the standard consultation for EWCO applications, you will also need to consult: 

• the owners of the land  

• the commons council or association (if there is one) 

• others with a legal interest, such as tenants and anyone who has an easement or other rights and covenants over the land 

• all known commoners (whether they’re actively using their rights or not) 

• any parish, district, city or county council in the same area as the land 

If the common has not been part of an agri-environment grant agreement before, bring stakeholders together to support the management proposals and resolve any issues.  

3.2 Engage with the public 

You should hold public meetings in local venues and invite stakeholders and other interested parties to hear more about the proposals. Invite feedback and keep a record of it. 

Consider how you can address concerns by altering the proposal and implement these if they do not significantly compromise the outcomes. You should be able to demonstrate how you’ve adapted scheme proposals, where relevant. 

If you need consent from the Planning Inspectorate for the proposed works, follow the principles in A common purpose: a guide to agreeing management on common land.

If you do not need consent, you should still carry out public consultation. Under those circumstances, you’re not obliged to follow the principles in A common purpose guide. However, it can be useful, for example, where there is considerable public interest in your site (particularly if you have a lot of visitors).

3.3 Establish an association 

In the term ‘commons association’, the word ‘association’ means landowners, sporting tenants and graziers working together in an association or group, unless otherwise stated.  

A Forestry Commission woodland officer will work with you to build a suitable application. The association will be responsible for agreeing how its members work together. 

As the approved ‘applicant’, you must establish a commons association, internal agreement or both, depending on your requirements. You can continue with an existing association instead, if it fulfils the minimum requirements for the agreement as set out in the EWCO guidance.  

If an existing commons association covers several commons, you must set up a separate group of members (with the support of the association). You’ll also need to create an internal agreement for the common. If you need help to set up an association, you can contact: 

• farmers’ representative bodies 

• a federation of commoners 

• commons councils 

• a land or agricultural agent  

• a surveyor 

• a solicitor specialising in rural practice 

You will have to pay for their services if they charge, as EWCO does not cover such costs. 

When you set up a new association, make sure it effectively represents everyone who has a legal and active interest in the management of the land.  

To do this, you must consult the following people when preparing the EWCO application:  

• the landowner(s) 

• all the active commoners or graziers 

• people who may have a legal or active interest in managing the common or shared grazing (for example the owner of the shooting rights) 

Some landowners may not want to be involved. They may prefer to be represented by an agent, or tenant who is permitted to graze or utilise rights. Always consider the landowners’ surplus in any negotiations. 

Involve all the active rightsholders in the internal agreement. Also consider inactive rightsholders, especially those who have the capacity to exercise their rights. They may wish to do so during the course of the EWCO agreement.  

Take into account that some rightsholders may lease their rights. Rights of common attached to land cannot be leased for a term longer than 2 years (although the lease can be renewed at the end of each term). You may be asked to provide evidence of any lease. 

You must also contact rightsholders who do not want to participate in the EWCO agreement or have a grievance. Consider their existing or future management practices to prevent putting the objectives and requirements of the internal agreement and EWCO application at risk. 

It may be possible to address their concerns and make them a party to the internal agreement and EWCO application. Or, as they can legally exercise their rights on the common, it may be necessary to negotiate ways to fulfil their aims without risking the internal agreement and EWCO application. You must keep a record of any decisions made. This will help you deal with any disputes that may occur later.  

When you consult and brief the potential participants in the EWCO agreement, you may choose to meet them: 

• individually 

• in small groups 

• at a general meeting 

At a general meeting, you can also brief individuals and organisations that have an interest in the land. This could include, for example, Natural England (if the land or part of it is a site of special scientific interest (SSSI)), or members of the community. You can place notices in local newspapers and at access points to the common.  

Where the group has 5 or more members, you must appoint officers to manage the association.  

These officers: 

• must include a chairman, secretary and a treasurer  

• must reflect the range of beneficiaries in the agreement 

• must not all be from one family or enterprise (for example, they must have separate single business identifiers (SBIs) 

3.4 Establish an internal agreement  

You must have a written constitution that authorises the officers and the applicant to carry out certain specified business on behalf of the association. 

As the applicant, it’s your responsibility to make sure the internal agreement constitution meets the needs of the particular circumstances of the group. 

The Forestry Commission and the Rural Payments Agency cannot be involved in drafting the document or in any dispute about its operation. 

Individuals within your association may wish to provide a draft or template of the internal agreement.  

The constitution must: 

• describe membership requirements and list the members 

• list responsibilities and officers 

• set out governance for decision making and meetings 

• identify group commitments 

• set out how EWCO agreement payments will be distributed to members of the association or group (you must agree on a formula that can make payments according to individuals’ contribution and levels of responsibility)  

• describe how the requirements for capital items and annual maintenance will be complied with on the common or shared grazing 

• describe a management mechanism for decision making and the resolution of disputes 

• set out how changes in membership will be dealt with 

The internal agreement must allow for increases in grazing livestock numbers by those not involved in the EWCO agreement. Where there is a maximum level of stocking set in the EWCO agreement, you must add a clause in the internal agreement. It should state that graziers already involved in the EWCO agreement, will reduce their stock if needed, so the overall total stays within the limit. 

When participants negotiate the internal agreement, they have the opportunity to agree husbandry practices. This can help everyone work together to manage the common or shared grazing. You must keep full records of all meetings where these decisions are made.  

You must submit a copy of the signed internal agreement, including the financial information, to the Forestry Commission. EWCO agreements cannot start without it.  

During the agreement period, you may also need to provide, formal evidence that the internal agreement is operating effectively. This may include, minutes of recent meetings, for example. 

Compliance with the EWCO agreement will be the shared responsibility of those who are party to the internal agreement. As the applicant, you will be responsible for the day-to-day administration.  

3.5 Open a bank account 

Your group or association will need a bank account, which you can open on the members’ behalf.  

Make sure you keep a record of the meeting where members authorised you to: 

• open and operate the bank account 

• sign instructions to the bank (such as cheques) 

When you open the account the bank will ask to see this evidence. 

3.6 Register an SBI and check land is registered correctly  

You must have a separate Single Business Identifier (SBI) for the association or group. This applies even if members already have their own SBIs. 

The individual beneficiaries who are part of the association will also need to be registered with the Rural Payments service. You should make the application to register the commoners’ or graziers’ association with the Rural Payments service.  

You will need to check that the common is registered correctly in the Rural Payments service, liaising with the other participants to agree how to enter the land into a EWCO agreement. You will have to resolve any boundary issues with neighbouring commons and farms before you apply. 

4. How to complete the form  

Fill in the EWCO common land and shared grazing supplementary form.

Use the instructions in each section of the form to help you. Then, submit the form with your application. 

Make sure you can declare on the supplementary form that: 

• the landowner(s) of the common or area of shared grazing consent to the EWCO agreement 

• the RPA customer registration (SBI) for the common or shared grazing, includes the names and SBIs of all people who will benefit from or contribute to the delivery of the EWCO agreement  

5. Contact us 

You can email the EWCO team for more information at EWCO@forestrycommission.gov.uk