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DEPOSITS MADE UNDER THE Highways Act 1980 section 31 (6) and section 15A of the Commons Act 2006.

Under section 31(6) of the 1980 Act, landowners can deposit a statement and map acknowledging which ways across their land (if any) they admit to having been dedicated as highways. Landowners may then, within 20 years (applications received prior to the 1st October 2013 expire after 10 years) of the deposit of the statement and map (and within subsequent periods of 20 years from each previous deposit), lodge a formal declaration to the effect that no additional way (other than any specifically indicated in the declaration) over the land delineated on the map has been dedicated as a highway since the date of the initial or previous (as the case may be) deposit. In the absence of proof of a contrary intention, a declaration will be sufficient evidence to negative the intention of the owner or his successors in title to dedicate any such additional way as a highway. This process has no effect on the existence of public rights of way shown on the definitive map or otherwise shown to carry public rights, including by deemed dedication by virtue of 20 years use before the statement was deposited.

Section 15A of the Commons Act 2006 prescribes a mechanism by which a landowner may deposit a statement accompanied with a map with a commons registration authority in order to protect the landowner’s land from registration as a town or village green.

On the website there is a register of the landowners who have made statements and declarations under S31(6) and S15A with Wiltshire Council along with copies of the corresponding statement and plans.

How to submit an application under S31(6) and S15A:

As from 1st October 2013 a new application form (CA16) for S31(6) of the Highways Act 1980 has been combined with a statement under S15(A) of the Commons Act 2006. Form CA16 must be submitted for either application type and can be found here

Fees for applications made using form CA16 are are quoted below. These have been amended from April 2017 to reflect changes in legislation. The Council is no longer required to post site notices for applications that do not include a S15A (1) statement (part D of Form CA16).

Highway and Landowner Statements/ Declaration (S31(6) and 15A(1)) (Part B or C with part D of Form CA16) or Landowner Statement only (Part D of Form CA16):

£325 for the first parcel of land

£80.00 per additional parcel of land separated from other land in the same ownership by roads maintainable at public expense as shown on the highway record.

Highway Statement or Declaration only (Part B and/or C of Form CA16):

£185

For Further Information Please ring the Public Rights of Way Section on 01225 713048, or email rightsofway@wiltshire.gov.uk

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