Landowner and Highways Statements and Declarations - FAQS

Landowner statements - FAQs

1. What is a landowner statement?

Documents deposited under Section 15A(1) of the Commons Act 2006, consist of a statement and map. These are placed on the relevant register with the Commons Authority.

2. Who is the Commons Authority in Staffordshire?

In Staffordshire, Staffordshire County Council is the Commons Authority. They administer the register of these statements and maps as a legal obligation.

3. What is a Section 15A(1) landowner statement?

A Section 15A(1) statement and map allows a landowner to protect his land against an application to make it a village green.

4. How does this work?

If people have used land "as of right" for at least 20 years, they can use this as “user” evidence when applying to register a new village or town green. “As of right” means without permission, without force and without secrecy. 

5. What does this mean in practice?

If a community has been using a piece of land, for example, for a fair, to exercise their dogs, or for children to play on, for at least 20 years, and no one has ever stopped them, they could apply for village green status using the evidence of that use as part of the application. This isn’t the only evidence they have to provide, but it can form a core part.

6. So how does the deposit prevent this?

If the landowner has deposited a statement and map with the local authority, then it stops that 20-year period accruing, and that criteria cannot then be used for an application. No-one can then say they’ve used the land for 20 years without being stopped or challenged. The 20 years starts again from the day of application but can be interrupted and extended by the landowner with another statement at any time during that 20 years.

7. Does this mean that the land will be developed?

The landowner statements are not part of the planning process. The deposit of the documents does not automatically mean that there is going to be a planning application to develop the land.

8. Can I still use the land?

You should always have the landowners permission before using an area of land for any purpose.

9. Can I object to the landowner statement?

There is no mechanism under the legislation for an objection. However, if there is a material error in the application itself (such as land being shown as owned when it isn’t), the Commons Authority (Staffordshire County Council) will inform the applicant who can then amend the application. If no amendment is received, the Commons Authority may remove the deposit from the Register.

Highway Statements and Declarations - FAQ

1. What is a Highway statement and declaration?

Documents deposited under Section 31(6) of the Highways Act 1980 consist of a statement, declaration and map. These are placed on the relevant register with the Highways Authority.

2. Who is the Highways Authority in Staffordshire?

In Staffordshire, Staffordshire County Council is the Highways Authority. They administer the register of these declarations, statements and maps as a legal obligation.

3. What is a Section 31(6) Highway statement/ declaration?

A Section 31(6) statement/declaration allows a landowner to protect his land from people claiming a public right of way across it, where one does not already exist (as shown on the definitive map of public rights of way).

4. How does this work?

If people have walked a particular route for over 20 years, and can prove that not only have they walked the route, but have never been stopped or challenged, they can use this as “user” evidence when putting in an application under Section 53 Highways Act 1980 to have the route added to the definitive map, (which is a legal document). This isn’t the only evidence they have to provide, but it can form a core part.

5. So how does the deposit prevent this?

If a landowner deposits the statement/ declaration with Staffordshire County Council and puts his land on the register, it then stops that 20-year period accruing, and indicates that the landowner has no intention of dedicating that path as a right of way. No-one can then say they’ve used the land for 20 years without being stopped or challenged. The 20 years starts again from the day of application, but can be interrupted and extended by the landowner with another statement at any time during that 20 years.

6. Does this mean that the land will be developed?

The highway statements and declarations are not part of the planning process. The deposit of the documents does not automatically mean that there is going to be a planning application to develop the land.

7. Can I still use the paths?

You should always have the landowners permission before using a path across private land.

8. Can I object to the Highways statement/ declaration?

There is no mechanism under the legislation for an objection to be lodged. However, if there is a material error in the application itself, such as land being shown as owned when it isn’t, the Highways Authority (Staffordshire County Council) will inform the applicant who can then amend the application. If no amendment is received, the Highways Authority may remove the deposit from the Register.

General - FAQ

Site notices are required for Section 15A(1), but not for Section 31(6), and must be up for 60 days. If someone removes them, they don’t have to be replaced.

There is no requirement within the relevant legislation for either the landowner or Staffordshire County Council to consult with residents, neighbours or users as part of this process. DEFRA has produced some more information about landowner statements and highways statements/ declarations.