Devon: case assesment sheet

DEVON: CASE ASSESMENT SHEET

Parish/District	CL No	CL Unit Name	Eligibility Code	Eligible Area (ha)	Applicant	Objector	Commons Commissioner
ASHBURTON UD	248	RUSHLADE COMMON, BUCKLAND COMMON AND PUDSHAM DOWN. All the rights registrations were cancelled (basically, as non-registrable rights of ‘straying’). No evidence was presented that the unit area was waste of a manor and the land registration was rejected on this basis (though the commissioner can hardly be said to have ‘considered’ the question of whether the land was waste of a manor)	(5)	59.00	ABDC	H.H. Whitley	Baden Fuller
AYLESBEARE	35	AYLESBEARE COMMON. The registration was part-withdrawn by the CRA without referral (the Decision Letter concerns three rights claims that were rejected at the commissioner’s Hearing)	(1)	65.00	CRA		—
BERRYNARBOR	29	THE COURT. The land was said at the Hearing to be part of a highway and therefore not eligible for registration as common land. However, no evidence was produced to support this assertion. The Hearing was adjourned to allow the production of a Decision by Consent (Reg 31) but this was not properly made. In effect, the application was abandoned/withdrawn and was rejected for want of evidence	(2)	0.028	Parish Council	A.J. Long	Squibb
BONDLEIGH	172	BONDLEIGH MOOR. The rights applications were cancelled. It was accepted that the land was ‘of a manor’. However, in considering the unfenced part (7.25 ha) the commissioner concluded that it should not be registered because the result would be ‘quite different to’ the original application. In effect, he refused without relevant grounds to consider whether this land was waste of a manor	(5)	7.25	Parish Meeting	W.J. Branton	Baden Fuller
BOVEY TRACEY	223	RIDDAFORD DOWN. The land was registered as the result of a rights application. The rights claims were withdrawn at or prior to the Hearing. The land registration was therefore rejected	(2)	11.50	Rights	SWDWB NCC	Squibb
BOVEY TRACEY & HENNOCK	2	KNIGHTON HEATH. Exclusion of small area (the ‘7271’ area) by agreement at the Hearing as having been mistakenly included in the registration (the major dispute was to do with land-ownership)	(7)	[1.13]	D&CC Open Spaces Society	A.L. Cole & G Bond	Baden Fuller
BRATTON FLEMING	163	TURBARY, QUARRY AND WATERING PLACE. The registration was withdrawn by the CRA without referral	(1)	7.29	CRA		—
BRAUNTON	196	TWO PIECES OF LAND. The registration was withdrawn by the CRA without referral	(1)	0.61	CRA		—
BRENTOR	34	ADDITIONAL PT OF LIDDATON DOWN. The registration was withdrawn by agreement at the Hearing	(2)	0.40	F Pearce	Multiple	Baden Fuller
BRIDESTOWE AND LEWTRENCHARD	262	BURLEY DOWN. The registration was cancelled by the CRA with the agreement of the applicant	(1)	25.10	Rights		—
BRIDESTOWE AND SOURTON	96	BRIDESTOWE AND SOURTON COMMON. The registration was part-withdrawn by the CRA without referral	(1)	0.60	CRA		—
BRISWORTHY	271	BRISWORTHY BURROWS AND BRISWORTHY GREEN. Registration cancelled by the CRA with the agreement of the applicant	(1)	26.32	Rights		—
BRIXTON	233	ELBURTON COMMON. The registration was cancelled by the CRA with the agreement of the applicant	(1)	0.05	G.W. Woodfine		—
BRIXTON	119	ELBURTON COMMONS. There were no rights claims. The commissioner’s decision was that: ‘On the evidence before me I am not satisfied that any of the land in question is now parcel of a manor. Therefore, although it has the physical characteristics of waste land, it does not fall within the only relevant limb of the definition of “common land” in section 22(1) of the Act of 1965. For these reasons I refuse to confirm the registration’.	(4)	1.70	PDCS	P.D. & A.G. Blackmore; R Denford	Squibb

BROADHEMBURY	99	KENTIS MOOR. The registration was withdrawn by the CRA without referral	(1)	21.05	CRA		—
BROADHEMBURY	101	LUTON GREEN. The registration was part-withdrawn by the CRA without referral	(1)	0.06	CRA		—
BROADHENBURY	118	TRIANGULAR PIECE OF LAND AT JUNCTION E. OF THE OLD BAKERY. The registration was withdrawn by the CRA without referral	(1)	0.007	CRA		—
BUCKLAND MONACHORUM & BICKLEIGH	93	ROBOROUGH DOWN, HORRABRIDGE. The registration was part-withdrawn by the CRA without referral	(1)	3.43	CRA		—
CHAGFORD	173	CHAGFORD, MELDON, NATTADON & PADLEY COMMONS; WEEKBROOK, WEEK & STENIEL DOWNS. The land registration was part-cancelled by the CRA without referral. Subsequently, a small area of about 0.25 ha (Weekbrook Down) was excluded by agreement at a commissioner’s Hearing. It was not considered whether this land was waste of a manor	(1)	139.26	CRA		—
CHAGFORD	174	THE OPEN FIELDS IN CHAGFORD. The land registration was part-cancelled by the CRA without referral. It was then referred to a commissioner as a result of which the registration was rejected on the grounds that the fields are not common land but are held in trust (‘owned’) by the Parish for three months each year (Aug 6 to Nov 6) for the benefit of the inhabitants	(7)	[5.77]	CRA	R.H. Hill; P.N. Smith; Chagford AFC	Baden Fuller
CHULMLEIGH	253	HORRIDGE MOOR. The registration was withdrawn by the CRA without referral	(1)	66.00	CRA		—
CLAYHIDON	138	CROSSES HOLE WATERING PLOT. The registration – which includes two turbaries, a green, a quarry and two watering places – was part-withdrawn by the CRA without referral (Crosses Hole excluded)	(1)	0.16	CRA		—
COLATON RALEIGH	169	COLATON RALEIGH COMMON. The registration was part-cancelled with the agreement of the Parish Council	(1)	1.47	Parish Council		—
COMBE MARTIN	243	A 27 ACRE TRACT OF LAND. The land was registered as the result of a single rights application that was withdrawn prior to the Hearing. The land registration was therefore rejected (though the Parish Council did produce proof that it possessed a ‘right of user of the land…at all times for the purpose of exercise and recreation for the term of 3000 years from 28 September 1932’)	(6)	11.10	Rights	L Wyborn	Baden Fuller
COOKBURY	182	PIECE OF LAND IN COOKBURY. The registration was withdrawn by the CRA without referral	(1)	1.62	CRA		—
CORNWOOD	114	HANGER DOWN. The Parish Council did not appear at the Hearing. The rights application was rejected. The land registration was therefore also rejected. The commissioner did not consider whether the land was waste of a manor (The whole of the land was also registered as VG 71 but this registration was similarly rejected)	(5)	164.00	Parish Council	H.P. Burrows; Conflicting registration	Squibb
CORNWOOD	115	HEADON DOWN. A comparatively small part of the land (8.80 of 139.68 ha) was excluded as not subject to rights of common. No particular consideration was given to its status as waste; but it seems to have been entirely planted for forestry	(6)	8.80	Parish Council	Major F.A.V. Parker	Baden Fuller
DARTMOOR FOREST & OKEHAMPTON HAMLETS	164	FOREST OF DARTMOOR . For a full list of the areas of land excluded by the commissioner see: p.188 of the Decision Letter. Several small areas were excluded by agreement. The ‘controversial’ exclusions related to: (i) the Huccaby lands (excl land considered to be pt of Huccaby Farm); (ii) the Warren House land (c 40 ha), connected with the Warren House Inn; and (iii) Huntingdon Warren (c 129.55 ha), a group of relict ‘newtakes’. It might perhaps be best simply to note here that the decisions may repay re-examination	(6)	211.10	CRA	Multiple	Baden Fuller

DEAN PRIOR	162	DEAN MOOR IN SMALLBROOK PLAINS GRIPPERS & HICKATON HILLS AND PT PUPERS HILL. The registration was part-withdrawn by the CRA without referral	(1)	23.45	CRA		—
DEAN PRIOR	180	PART (ABOUT 135 ACRES) OF DEAN MOOR. Much of the unit land is covered by the Avon Dam Reservoir; and it was contended at the Hearing that the land had been conveyed to the Water Board free of rights in 1962 (though there was no documentary proof that the rights were in fact extinguished in this way). All the rights claims were abandoned. The land registration was rejected because there was no evidence that it was waste of a manor (cf comments on CL 188, 192 & 194)	(4),(5)	54.66	N.C. & K.E. Cooper	SWDWB AJP Parkhurst	Baden Fuller
EAST & WEST CLEEVE AND MEER POOL	73	BRENAMOOR, ELSTONE, TONGUE END & PRIESTACOTT COMMONS. The registration was part-withdrawn by the CRA without referral	(1)	0.70	CRA		—
EAST & WEST PUTFORD	59	COMMON MOOR. The registration was part-withdrawn by the CRA without referral	(1)	4.75	CRA		—
EAST BUDLEIGH	52	THE POUND. The registration was withdrawn by the CRA without referral	(1)	0.046	CRA		—
EAST PORTLEMOUTH	270	VILLAGE GREEN. The registration was cancelled by the CRA with the agreement of the applicant	(1)	0.012	R.H. Wood		—
FARWAY AND SOUTHLEIGH	245	PIECES OF LAND AT FARWAY HILL AND BROAD DOWN. The land was registered as the result of a rights application. The rights claims were withdrawn and the land registration was therefore rejected	(2)	25.50	Rights	R.K. Mathews	Hesketh
FARWAY	214	FARWAY COMMON, BROAD DOWN AND STRIP COMMON. The rights claim over the excluded area was withdrawn at the Hearing and the registration was part-cancelled on this basis. The commissioner did not consider whether this land was waste.	(5)	7.90	CRA	Coombe Estate	Hesketh
FREMINGTON	217	ANCHOR WOOD. The registration was part-cancelled by the CRA with the agreement of the applicant	(1)	0.40	Parish Council		—
FREMINGTON	267	MARSHES OR SALTINGS. The final registration of the land was challenged in the High Court as invalid subsequent to the Hearing. It was removed from the register in 1990	—	—	—	—	—
HALDON	219	IDEFORD COMMON. The sole rights application was withdrawn under a Decision by Consent (Reg 31). The applicant for the land registration failed to appear at the Hearing and the registration was therefore rejected	(3)	2.73	Miss D.E. Bourchier-Wrey	Lord Clifford MAFF	Squibb
HARTLAND	47	MEDDON GREEN. The registration was withdrawn by agreement at the Hearing	(2)	1.70	A.T. Bragg	J.E. Lee	Squibb
HIGHHAMPTON	229	ODHAM MOOR. The registration was cancelled by the CRA without referral	(1)	15.80	E. Sills		—
HOCKWORTHY	12	CHIMNEY DOWN. The registration was part-withdrawn by the CRA without referral (the Decision Letter relates to an ownership reference)	(1)	9.26	CRA		—
HOLSWORTHY HAMLETS	226	THE GREEN, CHILSWORTHY. The CL 226 land was finally-registered as VG 85	(7)	[0.405]	Rights		—
IDEFORD	171	IDEFORD COMMON (PT). The registration was part-withdrawn by the CRA without referral	(1)	1.41	CRA		—
INSTOW	246	SANDS, SANDHILLS AND GRASS AREAS ABOVE HIGH WATER MARK. Part of the land (old railway line) was removed by the CRA without referral. The land in the north near the power station (CEGB land) was excluded by agreement at the Hearing. The commissioner accepted that CL 246 was ‘waste of the manor’; but a further area (the ‘Disputed Grass Part’) was excluded as having been severed from the manor by the 1846 Inclosure Award. (The decision was challenged in the High Court by the Christie Devon Estate and further areas were excluded as a result – see register map)	(4),(6)	0.05	CRA	Christie Devon Estate; CEGB	Baden Fuller
INWARDLEIGH	165	WAR MEMORIAL. The registration was withdrawn by the CRA without referral	(1)	0.015	CRA		—
IPPLEPEN	230	STALLAGE COMMON. The registration was cancelled by the CRA with the agreement of the applicant	(1)	10.12	C. Lunnon		—
IVYBRIDGE	66	HEMLAKE DOWN. The registration was withdrawn at the Hearing by the CRA. It was opposed by a Mr Northmore and was in conflict with VG 70. The VG registration also failed; so the land may be eligible for re-registration.	(2)	29.75	CRA	Conflicting registration	Squibb
KENTISBEARE	216	BLACKBOROUGH COMMON. The registration was withdrawn by the CRA without referral	(1)	19.35	CRA		—
KENTISBURY	208	PIECE OF LAND IN KENTISBURY. The registration was withdrawn by the CRA without referral	(1)	1.62	CRA		—
KENTON	257	KENTON COMMON. The registration was cancelled by the CRA with the agreement of the applicant	(1)	16.19	T.E. Green		—
LANGTREE	206	STOWFORD MOOR. The registration was part-cancelled by the CRA with the agreement of the applicant	(1)	3.62	Rights		—
LUSTLEIGH	264	LAND FORMING AN EXTENTION OF LUSTLEIGH CLEAVE NORTH OF HUNTERS TOR. The registration was cancelled by the CRA with the agreement of the applicant	(1)	5.65	Rights		—
LYDFORD	64	LYDFORD INNER COMMON. The Dept of Defence withdrew its objection to the land registration. The excluded land was a small area attached to a dwelling house that was agreed to have been mistakenly registered	(7)	[0.075]	CRA	R.J. Lowries Defence Dept	Baden Fuller
LYNTON UD	150	BUTTER HILL. The registration was withdrawn by the CRA without referral	(1)	232.50	CRA		—
LYNTON UD	144	LAND AT COUNTISBURY HILL. The registration was withdrawn by the CRA without referral	(1)	44.00	CRA		—
LYNTON	152	FURZEHILL COMMON INCLUDING LAND AT GAMMONS COVIN. It was agreed at the Hearing that over 50% of the land should be excluded as not subject to rights of common. The commissioner did not consider whether this land was waste of a manor	(5)	69.50	CRA	Somerset County Council	Hesketh
LYNTON	198	THE VALLEY OF THE ROCKS. It was agreed at the Hearing that part of the land should be registered as VG 27. This land was excluded from the registration.	(7)	[18.20]	National Farmers Union	Conflicting registration	Baden Fuller
MANATON	107	HOUNDTOR DOWN. The land was claimed to be a regulated pasture (i.e. held in undivided shares, the rights of use being derived from the shares in the ownership) and was not subject to rights of common. The (non-owner) rights registrations were withdrawn/cancelled on this basis. The commissioner did not consider whether the land was ‘waste of a manor’ because no evidence had been produced that it was – though he did admit that ‘the evidence was not inconsistent with it having been such at one time’ (the implicit assumption being that it had, on becoming a regulated pasture, ceased to be connected with the manor).	(4)	79.35	Parish Council	M.E.S. French C.C. Whitley R.C. Longsdon	Baden Fuller
MANATON	108	WESTERN COMMON (BELL TOR WASTE) ADJ HOLWELL DOWN. The rights registrations were either withdrawn or rejected at the Hearing. No evidence was produced as to whether the land was ‘waste of a manor’ (though the Parish Council claimed to have recently lost the relevant records). The commissioner therefore can hardly be said to have ‘considered’ whether the land was waste of a manor	(5)	7.69	Parish Council	W.W. Whitley	Baden Fuller
MANATON	109	HAMEL DOWN (PART OF) AND CHALLACOMBE DOWN. The registration was part-cancelled by agreement at the Hearing. There were three areas involved: (i) Challacombe Down 1 & 2 (part of a farm belonging to the Duchy of Cornwall); and (ii) Heathercombe (planted for forestry)	(6)	144.75	CRA	Multiple	Baden Fuller
MANATON	105	SWINE DOWN. The land registration and all of the rights claims were withdrawn by agreement at the Hearing on the grounds that the CL 105 land formed part of Wingstone Farm	(7)	[20.65]	Parish Council	E.T.W. & P Biggs	Baden Fuller
MARY TAVY	193	BLACKDOWN W BLACKDOWN ZOAR & BLACK LION COMMON COMMON WOOD…. The registration was part-withdrawn by the CRA without referral. A small area (0.58 ha) was subsequently removed at a commissioner’s Hearing in 1995 as having been registered by mistake (the land was part of a dominant tenement that had been shown on the register map as part of the common)	(1)	43.20	CRA	Conflicting rights registration	Roth
MARY TAVY AND BRENTOR	222	PART OF BLACKDOWN COMMON AND WILSWORTHY CAMP. The registration was cancelled by the CRA with the agreement of the applicants	(1)	2.15	Church Commissioners		—
MARY TAVY	3	BLACKDOWN AND WEST BLACKDOWN. The Henscott Plantation (68.50 ha) was excluded by agreement at the Hearing as not subject to rights of common. The commissioner did not consider whether the land was waste	(5)	68.50	Rights	Cole Dyke	Baden Fuller
MEAVY	191	YENNADON DOWN, WIGFORD DOWN AND LYNCH COMMON. Part of Wigford Down was excluded at the Hearing as not subject to rights of common. The commissioner did not consider whether this land was waste	(5)	10.24	CRA	ECCLP Roboro Estate National Trust	Baden Fuller
MOLLAND	227	MOLLAND COMMON. The registration was cancelled by the CRA with the agreement of the applicants	(1)	680.60	Rights Exmoor Society		—
NEWTON AND NOSS	259	LAND WEST OF BOAT HOUSE AND SOUTHERN EXTREMITY OF NOSS CREEK. The registration was part-cancelled by the CRA with the agreement of the Parish Council	(1)	0.035	Parish Council		—
NORTH BOVEY	148	COOMBE DOWN, HOOKNEY DOWN AND HEADLAND WARREN. It was agreed at the Hearing that a part of the land had been registered in error. The objection to another part (Duchy obj) was withdrawn	(2)	48.60	CRA	Dr D.B. Frazer Duchy	Squibb
NORTHLEW	197	HOLLOW MOOR. The decision was the result of several Hearings. In the end, the land and rights applications were all withdrawn	(2)	169.55	Rights	T.E. Williams CRA	Hesketh
OKEHAMPTON HAMLETS	155	OKEHAMPTON COMMON. It was agreed at the Hearing that Black Tor Copse should be excluded from the registration; also an area that had been conveyed to NDWB – apparently on the grounds that neither area was subject to rights. It was not considered whether this land was waste of a manor. (The land registration was subsequently part-cancelled, with a small area being excluded, because a section of a dominant tenement – i.e. a holding to which common rights were attached – had been mistakenly mapped as part of the common)	(5)	16.10	CRA	NDWB Duchy	Baden Fuller
PLYMOUTH	278	PART OF THE NON TIDAL SECTION OF THE RIVER PLYM. The registration was part-cancelled at the request of the applicants without referral. The Decision Letters relate to the ownership of the land. (NB Adjustment to land registration in 1993 to accommodate a change in the course of the River Plym)	(1)	54.34	Rights		—
PLYMOUTH	280	CLIFF LAND ADJACENT TO JENNYCLIFFE BAY ON EASTERN BOUNDARY OF PLYMOUTH SOUND. The registration was withdrawn by the CRA without referral	(1)	10.00	CRA		—
PLYMOUTH	279	WATERSIDE AREA AT TURNCHAPEL KNOWN AS SEASIDE WASTE. The registration was withdrawn by the CRA without referral	(1)	1.50	CRA		—
PLYMOUTH	276	FORESHORE ADJ SEA WALL AT S END OF MARINE ROAD, ORESTON. The rights registrations were rejected and therefore the land registration. The commissioner did not consider whether the land was waste of a manor	(5)	0.90	W.F. Worth PDCS	A.L. Brotherton Ltd	Squibb
PLYMOUTH	277	FOOTPATH SOUTH OF CROWNHILL ROAD, HONICKNOWLE. The registration was cancelled by the CRA without referral (on the grounds that a footpath (highway) cannot be registered as common under the Act)	(7)	[0.01]	R.W. Huck		—
ROBOROUGH	145	ROBOROUGH COMMON. The land was removed from the register on the application of Mr P.L. Heard (26.6.80)	(7)	[6.88]	Parish Council		—
SAMPFORD COURTENAY	53	STICKLEPATH COMMON. A small area that formed the curtilage of a dwelling was excluded. This was admitted to have been an encroachment; but title had been established by an extended period of adverse possession	(7)	[0.10]	CRA	T.R. & M.K. Hollins	Baden Fuller
SHAUGH PRIOR	190	HENTOR, WILLINGS WALL & TROWLESWORTHY WARRENS; SHAUGH MOOR, WOTTER COMMON; THE RUTS…. The objection was to the registration of Crownhill Down and three additional (relatively small) pieces of land. Crownhill Down was finally-registered. The three pieces of land were excluded by agreement	(2)	11.90	CRA	ECCLP Roboro Estate National Trust	Squibb
SHAUGH PRIOR	240	TWO PIECES OF LAND AT KNOWLE WOOD, SPARKWELL & NEAR LEE MOOR BRICK & TILE WORKS. The land was registered as the result of a rights application. The rights claims were rejected. The land registration was therefore also rejected on the grounds that no evidence had been presented that it was waste of a manor	(5)	10.05	Rights	ECCLP	Baden Fuller
SHEEPSTOR	188	SHEEPSTOR COMMONS. The Hearing was concerned with three major objections to the land registration, under which just over 40% of the land was excluded : (i) the Palmer objection – concerning a relatively small area of farmland (1.30 ha) that was accepted to have been registered by mistake; (ii) the Roborough objection, under which an area including Ringmoor Down & Legistor Warren was excluded as not subject to rights of common (though accepted to be ‘of a manor’ the land was no longer waste); and (iii) the Plymouth Corporation (Water Authority) objection, relating to an area of land that had been conveyed to the Corporation free of common rights in 1917. It is this last decision that is clearly the most doubtful in terms of the 2006 Act. As with (e.g.) the disputes related to CL 192 & 194, Commissioner Baden Fuller failed to consider whether the ‘WA land’ was waste of a manor, assuming that it had ceased to be connected with any manor when it was acquired as catchment land by the Corporation	(4)	485.45	CRA	Plymouth Corporation; Roborough Estate; E.F. Palmer	Baden Fuller
SOUTH BRENT	128	PART OF BEARA COMMON. The registration was withdrawn by the CRA without referral	(1)	11.74	CRA		—
SOUTH BRENT	161	BRENT MOOR, INCLUDING DOCKWELL RIDGE HICKLEY PLAIN & ZEAL PLAINS. The registration was part-withdrawn by the CRA without referral (the Decision Letters relate to rights and ownership references)	(1)	8.50	CRA		—
SOUTH BRENT	130	LUTRON GREEN. The registration was withdrawn by the CRA without referral	(1)	0.41	CRA		—
SOUTH BRENT	129	STIDSTON COMMONS. The land registration was confirmed without modification at the Hearing. However, part of the land seems to have been removed from the register (area hatched in purple on register map) just prior to the recording of the commissioner’s decision	(6)	?	CRA	CRA	Baden Fuller
SOUTH TAWTON	176	SOUTH TAWTON ETC COMMONS, WEEK HILLS, FORD LANE WASTE & TAW GREEN. The unit land comprised eleven pieces. Three areas were excluded from the registration: (i) the greater part of Ford Lane Waste; (ii) part of South Tawton Common; (iii) Ford Lane Reservoir, the Ramsley 2000 Gallon Tank & the Tawton (water) Wells. The commissioner admitted that his decisions in (i) and (ii) were arbitrary – the issues had, in effect, been overlooked at the Hearing. (N.B. A subsequent attempt to add Ash Common to the excluded land failed – see ‘Second Decision’ letter)	(6)	1.54	CRA	Multiple	Baden Fuller
SOUTH TAWTON	275	PT OF LAND CALLED BOTTOMS NR DRY BRIDGE, RAMSLEY. CL 275 was originally registered as VG 61. It was a derelict industrial site that had been used by the children of the area over an extended period as a playground (‘the Sand Hills’). The commissioner could not find that it was a green; but agreed to its ‘re-registration’ in the CL register subject to the exclusion of certain parts of the land	(6)	0.05	Mrs E.M. Wonnacott	P.R. Harris CRA	Baden Fuller
STOCKLAND	7	QUANTOCK COMMON AND FEATHERLAKE. . Land registered by CRA. The rights claims were withdrawn at the Hearing. See CL 4 below (the rationale of the CL 7 Decision Letter is claimed to be based on that of CL 4)	(4)	20.65	CRA	F.J. Shipp	Squibb
STOCKLAND	4	HORNER HILL. Land registered by CRA. The two rights claims were voluntarily withdrawn at the Hearing. The registration was dismissed by the commissioner because the land had been allotted under an Inclosure Award (1824), when it had ceased – as land held in trust for the benefit of the poor – to be subject to rights of common. The commissioner did not consider whether the land was waste. The implicit assumption is that the land had, by virtue of the Inclosure Act, ceased to be connected with the manor. However, there is – beyond the bare fact of the inclosure award – absolutely no consideration of the circumstances surrounding the allotment or the subsequent history of the land (e.g. its possible reversion to waste land)	(4)	15.38	CRA	E.K. Turner D.W. Pike F.J. Shipp	Squibb
STOCKLAND	5	SHORE BOTTOM. Land registered by CRA. The rights claims were withdrawn/rejected at the Hearing. See CL 4 above (the rationale of the CL 5 Decision Letter is claimed to be based on that of CL 4)	(4)	15.00	CRA	F.J. Shipp	Squibb
STOCKLAND	6	SHORTMOOR AND HUNTSHAYES PITS. Land registered by CRA. The rights claims were withdrawn at the Hearing. See CL 4 above (the rationale of the CL 6 Decision Letter is claimed to be based on that of CL 4)	(4)	7.70	CRA	F.J. Shipp	Squibb
STOCKLAND	8	BUCEHAYES COMMON. Land registered by CRA. The rights claims were withdrawn at the Hearing. See CL 4 above (the rationale of the CL 8 Decision Letter is claimed to be based on that of CL 4)	(4)	6.48	CRA	J.F.H. & F.J. Shipp	Squibb
THROWLEIGH	132	THE POND & THE WASTE GROUND NORTH OF IT. One of the rights claims was withdrawn; the other two were rejected at the Hearing. It was accepted by the commissioner that the pond was waste land of a manor. The area connected with it (the ‘Molland objection part’) was not now, though it probably had been either waste land or a part of the highway in the past	(6)	0.01	CRA	Molland; Cole	Baden Fuller
THROWLEIGH	131	LAND ADJ FORMER SITE OF BARTON COTTAGES. The rights registrations were withdrawn or dismissed at the Hearing and the CRA reversed its original support for the land registration. At least part of the objection area formed the curtilage of a house built in 1975 on the site of the old cottages	(7)	[0.005]	CRA	CRA	Baden Fuller
TORBAY	141	GALMPTON COMMON, CHURSTON FERRERS. The registration was modified without referral with the agreement of the applicant (unit now registered as CL 1 (Torbay))	(1)	1.90	Rights		—
TORQUAY	199	STANTAWAY HILL. The CL 199 land seems to have been finally-registered as VG 1 (Torbay)	(7)	[1.70]	C.A.M. Head		—
TORRINGTON	46	GREAT TORRINGTON COMMON. The registration was part-withdrawn by the CRA without referral	(1)	0.70	CRA		—
UFFCULME	202	HACKPEN HILL, SLOW JACKS, GADDON AND UFFCULME DOWN. The registration was cancelled by the CRA with the agreement of the applicants	(1)	8.20	TUC		—
WALKHAMPTON	192	LAND AT WALKHAMPTON COMMON. Several areas were excluded from the land registration at the Hearing. The ‘Cryptor part’ of the Roborough Estate land (?? ha) and the Merrivale Newtake (129 ha) were considered to be enclosed farmland. ‘The BBC land’, a small area that had been fenced under a s194 application, was also accepted as a private enclosure. Much the greater part of the excluded land, however, was owned by the Water Authority (formerly Plymouth Corporation). This land – about 40% of the unit area – was excluded by the commissioner as not subject to common rights. He did not consider whether the land was waste of a manor for the reason given at p.25 of the Decision Letter: by virtue of its acquisition as a catchment area, the land had ‘ceased to be “connected” with any manor and could not therefore in the absence of any Rights Section registration properly be registered as common land, see re Box 1980 1 Ch 109.’ (Note the commissioner’s explicit reference to re Box Hill). cf CL 180, 188 & 194	(4)	1353.00	CRA	Plymouth Corporation; Roborough Estate; et al	Baden Fuller
WAPSWORTHY	194	PETER TAVY GRT COMMON, PT SMEARDON & CUDLIPPTOWN DOWNS, CUDLIPPTOWN GREEN, SMITH HILL. The land was registered by the CRA. Three small areas (c 2.42 ha) were excluded as farm or garden at the Hearing. Much the greater part of the excluded area, however, is made up of ‘the Willsworthy piece’ (c 10.85 square kilometres). This land was subject to compulsory purchase by the War Dept in the early C20^th; as part of which process all of the common rights then existing were extinguished. The commissioner did consider whether common rights might subsequently have been acquired by prescription and rejected this possibility. He did not, however, consider whether the land might be waste of a manor (presumably on the assumption that it had ceased to be connected with any manor at the time of the CPO). See p 12 of Decision Letter Ref: 209/D/306–7 Compare comments on CL 180, 188 & 192	(4)	1085.00	CRA	Dept of Defence; Others	Baden Fuller
WELCOMBE	181	TREDOWN COMMON. The registration was part-withdrawn by the CRA without referral (BUT the whole of the land was removed from the register under an application of 1980)	(7)	[0.36]	CRA		—
WEMBURY	256	THE FORESHORE FROM WEMBURY BAY TO BOVISAND BAY. The registration was cancelled by the CRA with the agreement of the Parish Council	(1)	60.00	Parish Council		—
WEMBURY	249	STADDON POINT AND PART OF WITHYHEDGE BRAKE. The registration was cancelled by the CRA with the agreement of the applicant	(1)	19.20	PDCS		—
WEMBURY	255	FIVE ACRE BRAKE. The registration was cancelled by the CRA with the agreement of the applicant	(1)	4.45	PDCS		—
WEST BUCKFASTLEIGH	146	BUCKFASTLEIGH MOOR. The registration was part-withdrawn by the CRA without referral. (The registration was also part-cancelled subsequently, with 6.95 ha being excluded, as a section of a dominant tenement – i.e. a holding to which common rights were attached – that had been mistakenly mapped as part of the common)	(1)	11.05	CRA		—
WEST PUTFORD	183	PIECE OF LAND IN WEST PUTFORD. The registration was withdrawn by the CRA without referral	(1)	0.10	CRA		—
WHITCHURCH AND SAMPFORD SPINNEY	85	WHITCHURCH COMMON. The registration was part-withdrawn by the CRA without referral	(1)	2.85	CRA		—
WITHERIDGE	224	WITHERIDGE MOOR. A small area of land was excluded by agreement at the Hearing	(2)	2.45	Rights	W.H. Amory K.B. Read	Baden Fuller
WOODBURY AND LYMPSTONE	265	PART OF RIVER EXE ESTUARY. The registration was cancelled by the CRA with the agreement of the applicant	(1)	200.00	Nutwell Devon Estates Ltd		—

KEY

ABDC = Association of Blackslade and Dunstone Commoners

CEGB = Central Electricity Generating Board

CRA = Commons Registration Authority

D&CC = Devon & Courtenay Clay Co Ltd

ECCLP = English China Clays Lovering Pochin & Co Ltd

MAFF = Ministry of Agriculture Fisheries and Food

NCC = Nature Conservancy Council

NDWB = North Devon Water Board

PDCS = Plymstock & District Civic Society

RDC = Rural District Council

SWDWB = South West Devon Water Board

TUC = Trustees of the Uffculme Charities

The CL units originally numbered 71–80 and 95 were amalgamated as CL 73. CL units 276–80 were formerly Plymouth CL units 1–5.

ELIGIBILITY CODES AND ELIGIBLE AREA

The initial assessment of eligibility in column 4 is based on an examination of the register entries and (where relevant) the Decision Letters:

(1) The provisional registration was cancelled or part-cancelled without referral to a commissioner at the request/with the agreement of the applicant [Schedule 2(4)(5)]

(2) The provisional registration was cancelled or part-cancelled after referral at the request/with the agreement of the applicant [Schedule 2(4)(5)]

(3) The registration was rejected by the commissioner because the applicant(s) failed to appear at the Hearing and no evidence had been presented to support it [Schedule 2(4)(5)]

(4) Though it was waste, the commissioner refused to confirm the registration because the land was no longer connected with a manor [Schedule 2(4)(3)]

(5) In rejecting the registration of the land, the commissioner did not consider whether it was ‘waste of a manor’ [Schedule 2(4)(4)]

(6) Status doubtful or uncertain (the land may or may not be eligible for re-registration)

(7) The land does not come within the criteria defined by Schedule 2(4)(3)–(5) and is therefore not eligible for re-registration
For an application under Schedule 2(4) to succeed, it would need to be shown that the land still qualified as ‘waste land of a manor’ – i.e. that it is, or was at some time in the past, ‘of a

manor’; and that it is still open, uncultivated and unoccupied. The ‘eligible area’ shown in column 5 is the land area (in hectares) that may be eligible for re-registration. See Search Sheet

for details of the CL unit area (which may or may not be the same).