Common Land Guidance Sheet 7
Published 1 January 2015
Applies to England and Wales
© Crown copyright 2015
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This publication is available at https://www.gov.uk/government/publications/common-land-guidance-sheet-7-applications-to-vary-or-revoke-a-modification-or-condition/common-land-guidance-sheet-7
Applications to vary or revoke a modification or condition
If an applicant is unhappy with a modification or condition attached to a section 38 consent he/she can apply to vary or revoke the modification or condition under section 39(5) of the Commons Act 2006. Regulation 18 of The Works on Common Land, etc. (Procedure) (England) Regulations 2007 sets out how such an application should be made.
Applications must be made in writing within 3 months of the grant of consent.
We will:-
- determine the application; or
- determine the application once the applicant has informed all those who made representations on the original application and given them an opportunity to comment on the application.
We will inform the applicant and anyone who commented on the application of our decision.
Time-limited consents
Where consent is granted for works subject to a condition that they must be removed after a specified period (i.e. a temporary consent), and no application to vary or revoke that condition is made within 3 months of the decision, a fresh application for consent for the works should be made if they are required beyond the specified period.