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You should first consider whether the works you are proposing would have the effect of preventing or impeding access to or over
the common. If they do not then, unless the works are for the resurfacing of land, they fall outside of the scope of the restricted
works described in section 38 and no consent is needed. We recognise that deciding whether works are outside the scope of
section 38 is not always straightforward and any works on common land may be challengeable through the courts.