asked Her Majesty's Government:
With reference to the Works on Common Land, etc. (Procedure) (England) Regulations 2007 (SI 2007/2588), why an applicant shall be allowed not to send a notice under Regulation 7(1)(c)(iv) to anyone the applicant believes is not exercising his rights over the common; and whether this exception covers anyone temporarily ceasing to exercise his rights over the common.
The Works on Common Land, etc. (Procedure) (England) Regulations 2007 provide for the applicant to send notice of his application (under Regulation 7(1)(c)(iii) and (iv)) to any commoner whom the applicant believes is exercising rights of common, and to any other commoner whom he believes is likely to be affected by the application. An applicant would be well advised to send notice to any active commoner whether or not the commoner had stock on the common at the time. However, it is frequently not practicable for the applicant to identify all persons entitled to exercise rights of common, particularly those who are not active commoners, and the regulations require the applicant to exercise some judgment. Notice of the application must be posted on site, and the Secretary of State has power under Regulations 6(4)(c) and 7(3) to direct that notice must be given to specified other persons. Such a power may be employed if the Secretary of State is not satisfied that sufficient notice has been given to the local community.