Commons: Successful applications to re-register common land
Successful re-registration applications in Cornwall
Land at Carrine commons, parish of Kea, Cornwall
The application was made on 15 October 2010, under schedule 2, paragraph 4 of the Commons Act 206, to add land to the register of common land. The land is approximately 17.35 hectares in area. It is open heathland with gorse, brambles and a few scattered trees. It is part of a site of Special Scientific Interest (SSSI), and a designated Special Area of Conservation. The land is part of the Cornwall Area of Outstanding Natural Beauty. It has been leased to Natural England since 2003 and it is intended in due course to be declared as a National Nature Reserve.
The tithe map of 1841 and various other deeds were produced to show that the land was waste land of a manor. Ordance Survey maps from 1880 to the present day had consistently annotated the area as ‘Carrine Common’. The inspector found that at the date of application the land had all the character of waste land in that it was open, uncultivated and unoccupied except for the tenancy of Natural England, which did not involve the physical use of the land nor the exclusion of others. In addition there was no substantive evidence that the land was ever significantly different in character. The application was granted on 9 February 2012. Application reference: COM 273.
Land at Chun Downs, Parishes of Morvah, Madron, Sancreed and St Just, Cornwall
The application was made on 5 January 2012, under schedule 2, paragraph 4 of the Commons Act 2006, to add land to the register of common land. The land is a scheduled ancient monument. It is open moorland, noted for its field systems, round-house sites and burrows, as well as Chun Castle and Chun Quoit. Chun Downs West is owned by Cornwall Wildlife Trust, Chun Down East has six owners, three of whom could not be traced. The land lies within the Cornwall Area of Outstanding Natural Beauty.
The tithe map and Apportionment for the Parish of Morvah in 1841 recorded the application land as ‘Chyowne Downs’, being used for furze and turf. The inspector said that while grazing may take place periodically, the land does not cease to qualify as ‘unoccupied’ in this context unless there is some physical use which requires the exclusion of others. The inspector found that the land was of manorial origin, has the character of waste land and is open, uncultivated and unoccupied. The application was granted on 11 April 2013. Application reference: COM 404.
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