Common land guidance sheet 1c: works exempt from Section 38 consent process

Category B Works: works that are exempt from the Section 38 consent process


Common Land Guidance Sheet 1c

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This guidance sheet contains information on a number of restricted works where section 38 consent is not required.

Firstly, the erection of temporary fencing for a period not exceeding six months, to enclose land for the purpose of restricting the movement of grazing animals.

Secondly, the erection of temporary fencing, for a period not exceeding 3 years if the fence is wholly on moorland or 1 year in any other case to allow for the growth or restoration of vegetation.

Thirdly, the erection of temporary fencing, for a period not exceeding 5 years, to enclose land in order to restrict access to it in the interests of nature conservation, where that is required under the terms of a written agreement relating to the management of the land.

Finally, the installation of a row, not exceeding 200 metres in length, of obstacles (such as bollards or large stones) which are intended to prevent or restrict vehicular access to common land.

Each of the exemptions applies only in specific cases. Please consult Schedule 1.

The annex is the form to apply for a declaration of exempt works.

Published 1 January 2015
Last updated 3 May 2018 + show all updates
  1. Content on page update to better explain the process.
  2. First published.