Making a Section 31(6) or Section 15A(1) application
Section 31(6) enables landowners to protect their land from gaining public rights of way through use by the public. The land owner can send to the council a statement, map and declaration showing the extent of their land and the rights of way they admit over it.
Section 15A of the Commons Action 2006 allows landowners to deposit a map and statement to protect their land from registration as a town or village green, whilst allowing access to it.
Making an application
The CA16 application form can be submitted for either a Section 31(6) or 15(A)1 application. Before completing your form read the guidance provided by Defra.
Fees
(Town and Village Greens) and Dedicated Highways (Landowner Statement and Declarations (England) Regulation 2013 (Section 2(2)(d)) allows the council to require each application to deposit statements and/or declarations to be accompanied by a reasonable fee. The fees are VAT exempt.
- The Commons (Registration of Function Proposed charge)
- S.31 Deposits £275
- S.31 Deposits (per additional site notice) £25
- Commons Registration – corrective applications £1200
- Commons Act Deregistration (Part 1) £1500
- Commons Act Deregistration (Part 2 if Public Inquiry) £1500 + disbursements/Barrister’s fees
- 31(6) Landowner Statements (basic charge) £275
- 31(6) Landowner Statements (per additional parcel) £25
- 31(6) Landowner Statements (per additional declaration) £25
- 31(6) Landowner Statements (per additional site notice) £25
- 31(6) Landowner Statements >A3 map conversion £25
Register of landowner deposits
The Council encourages landowners to deposit the documents to protect their interest and to provide greater certainty for users. As these deposits are public documents the status of the land is clear to all. The deposit ensures
- that informal use of tracks can continue without a public right of way being formed by use
- all new tracks will be protected from the outset.
- the land is protected from the date of the deposit up to a period of 20 years at which time it may be renewed by a new deposit. Any deposits made before 2013 only have a lifetime of ten years.
Viewing the Section 31(6) register
The Council are required to record deposits received from October 2013 as an online and paper register. The paper register can be inspected free of charge at Legal and Democratic Services at the Civic Centre. Please give 48 hours notice.
Register of Statutory Declarations under Section 31(6) The Highways Act 1980 (as amended)
| Reference and date deposited | Applicant | Location | Type | Documents |
|---|---|---|---|---|
| SCC/HA31(6)/1 - 30 March 2007 | Portsmouth Roman Catholic Diocesan Trustees | The location of land known as St George's Catholic School for Boys, as registered under title HP667575 | There are no rights of way over the land which have been dedicated as a public rights of way nor is there any intention of doing so |
|
| SCC/HA31(6)/2 - 7 January 2008 | MDL Developments Limited | Those locations of land known as Ocean Village Marina, as registered under titles HP597362 and HP659294 | There are no rights of way over the land which have been dedicated as public rights of way nor is there any intention of doing so | |
| SCC/HA31(6)/3 - 20 January 2012 | Mr A Lawther | The location of woodland to the rear of 84 & 86 Chalk Hill, as registered under title HP658446 | There are no rights of way over the land which have been dedicated as public rights of way nor is there any intention of doing so | |
|
SCC/HA31(6)/4 |
Southampton City Council | The location of land at Millbank Hard, Southampton, SO14 5QN | There are no rights of way over the land which have been dedicated as public rights of way nor is there any intention of doing so |
|
| SCC/HA31(6)/5 - 17 October 2017 | Jackie Hassen (for and on behalf of) Secretary of State for Communities and Local Government, C/o Maritime and Coastguard Agency | The location of land known as Spring Place, 105 Commercial Road, as registered under title HP140977 as shown yellow on the plan | There are no rights of way over the land which have been dedicated as a public rights of way nor is there any intention of doing so |
|
| Reference and effective from | Applicant | Location | Type | Documents |
|---|---|---|---|---|
|
SCC/HA31(1)/1 -
|
All Frontagers other than No 1 which has carriageway and farthest footway within Southampton City Council's corporate portfolio | The highway known as Forest View, (lying between Albion Close and Cement Close) | The highway has not been dedicated as public highway by virtue of continual closure of gate at southern end |
Application form (CA 16) Notice of application (CA 17)
|
For more information please contact rights.ofway@southampton.gov.uk
