Common Land

7.27 There are approximately 5,400ha of registered common land and village green in Calderdale. The majority of this is urban common (see the Glossary for the definitions). The public has rights of access over urban commons for air and exercise whether on foot or horseback and, to a lesser extent, to rural commons using public rights of way. Village greens are land used by established custom for exercise and recreation and are claimed as such by local inhabitants. Registered urban and rural commons and village greens are collectively referred to as ‘Common Land’ in the UDP and are shown on the Proposals Map.

7.28 The Countryside and Rights of Way Act 2000 (CRoW) gives people a new right to walk over large areas of open countryside and common land. This ‘Access Land’ is mapped by the Countryside Agency and includes open country such as moorland, heath and registered commons. The Proposals Map does not show the access land defined under the provisions of the CRoW Act, but does show Council owned access land.

7.29 Common land, whether it is Urban or Rural Common or a Registered Village Green, represents an important resource for public recreation, nature conservation and agriculture. In the past, however, some areas have been used for mineral extraction and waste disposal. Government guidance rules out policies that would place a general embargo on mineral extraction and restoration of sites. It may be necessary to allow these activities to continue on commons unless there are overriding concerns such as the designation of the land as a Special Protection Area (SPA), Special Area of Conservation (SAC) Site of Special Scientific Interest (SSSI), Site of Ecological or Geological Interest (SEGI) or as a locally designated nature reserve, where development is not considered appropriate.

Policy OS 8

Development Within or at the Edge of Common Land

Development proposals within or at the edge of Registered Urban and Rural Commons and Village Greens will not be permitted unless they:-
  1. do not harm their function, or open character;
  2. do not damage the recreational value of the land;
  3. preserve the visual amenity of the space by protecting its landscape character, vistas, any trees and other natural features;
  4. protect or incorporate important archaeological features, historic artefacts or landscape features;
  5. do not damage the ecological and wildlife importance of the space;
  6. do not conflict with the operation of access land; and
  7. are consistent with all other relevant UDP policies.

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