Commons Bill [HL]

moved Amendment No. 217:"Page 22, line 2, at end insert—" ““(   )   It is the duty of the commons registration authority to prevent, as far as possible, the unlawful encroachment on any common land for which they are the registration authority.”” The noble Lord said: This amendment places a duty on the appropriate authorities—that is to say, the commons registration authorities—to take action against unlawful encroachment and development on commons. I am not sure whether the wording of this amendment is ideal but the intention behind it is fairly clear. At present, there is no duty on local authorities to take action to remove illegal works on commons. Over the years it has proved difficult to persuade many local authorities to treat that as a priority. The intention of the amendment is to make the situation regarding unauthorised works on commons the same as that on highways, in respect of which Section 130 of the Highways Act 1980 places on highways authorities a duty to take action against illegal obstruction and at the same time gives the public a power to do so. The Bill gives the public a power to take action against unlawful works, which is a very welcome step in the right direction. I am interested to hear from the Government why they feel that local authorities should not at the same time have a legal duty to keep commons free from encroachment, since they have more resources and greater ability to take people to court than ordinary people do. There are many examples of unlawful works on commons. I shall not read out my detailed list, which dates from 28 June 2005, when the Bill was published. It includes examples such as fencing, tracks, orchards, car parks, a Christmas tree plantation and even a builders’ yard. A survey of 62 commons in the East Midlands, carried out last year on behalf of the Open Spaces Society, found that illegal encroachments had been made on more than one third of those commons, in some cases to the extent that the common was non-existent. Problems included impenetrable scrub, arable fields, an anglers’ car park, farm storage, the infamous Christmas tree plantation and private gardens. There is clearly a problem and the Government are taking very welcome steps to tackle it in the Bill. However, it is not clear why they think that local authorities should not be under a duty to deal with problems when they are reported to them rather than being able to do so if they wish. Amendment No. 217 would place on them that duty. I beg to move.