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
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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 (which may include electric fencing), for a period not exceeding six months, to enclose land for the purpose of restricting the movement of grazing animals which are on the land.
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 or 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 or
Thirdly, the installation of a row, not exceeding 200 metres in length, of obstacles (such as bollards or large stones) which, whether by themselves or
Finally, together with any existing obstructions interrupting the row, are intended to prevent or restrict vehicular access to common land.
The annex is the form to apply for a declaration of exempt works.