Common Land Guidance Sheet 4
Updated 23 March 2026
Applies to England and Wales
© Crown copyright 2026
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Resurfacing works
Consent is needed for the resurfacing of a common with a hard, i.e. non-porous, surface (e.g. concrete, tarmacadam or coated roadstone), but not if it consists only of the repair of an existing surface made of such material.
Consent is not needed for the resurfacing of a common with loose material (e.g. gravel, shingle or crushed stone), so long as it does not prevent or impede public access over the land. The Secretary of State considers impeding access to include interfering with rights over the common, e.g. commoners’ rights to graze livestock.
Specific issues relating to Maintaining and Extending Existing Works are covered by Guidance Sheet 5.
Where consent is needed, you should read Guidance Sheet 1a for further guidance on whether to apply under section 38 or section 16