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We have urged Gloucestershire County Council and Tewkesbury Borough Council to take legal action against a track which has been constructed on common land.
The track is on Brockeridge Common, near Twyning, Tewkesbury. The landowner, Mr Ewan Reynolds, was refused planning permission but has built the track anyway, and the borough council has issued a stop notice which runs to 19 May. Mr Reynolds has appealed against this.
This track is an eyesore and is impeding the public’s right to walk over this lovely common. Not only is it unlawful under planning law, it is also unlawful under common-land law.
We are pleased that Tewkesbury Council is taking enforcement action under planning law. However, since the track does not have the consent of the Secretary of State for Environment, Food and Rural Affairs, it is unlawful under section 38 of the Commons Act 2006. Therefore, the county council, borough council, or any member of the public can apply to the county court for the track to be removed, under section 41 of the Commons Act 2006.
We have urged the county and borough council to take such action, in addition to the action under the Town and Country Planning Act, to ensure the track is removed and the common is restored.