Register of deposits of statements
Records of rights of way across your land - Section 31(6) deposits
Section 31(6) of the Highway Act 1980 allows for landowners to acknowledge the existence of those public rights of way which cross their land and to prevent new public rights of way being created by 'presumed dedication'.
A Deposited Statement and Declaration will not prevent rights of way being confirmed by other means, for example historical evidence. To remain valid a Declaration has to be submitted every 20 years.
Presumed dedication is where new public rights of way are created following use of the route by members of the public, usually for a period of twenty years or more.
A similar mechanism exists under section 15A of the Commons Act 2006, which allows a landowner to deposit with us a map and statement which brings to an end any recreational use of the land 'as of right'. Provided that this is submitted before there has been 20 years' ‘as of right’ use of the land for recreational purposes it will prevent the land from being registered as a town or village green.
Further details about deposits made under both the Highways Act and the Commons Act can be found in Defra’s Guidance for the completion of form CA16.
Making an application
If, having read Defra’s guidance, you would like to make an application please complete form CA16 and return it by post (a signed paper copy is required) to the following address:
Parks & Countryside Service
Bracknell Forest Council
Please note that there will be a charge (effective as of April 2015) for any application made for a single/standard parcel of land. Additional fees will be charged on top of this for larger or more complex land holdings, for example where a landholding is divided by several highways.
On receipt of a valid completed form CA16 and map we will publish a notice of the deposit online, post site notices on the land affected and update the legal register of deposits.
Registers of Section 31(6) deposits and Definitive Map Modification Order applications
Following the Countryside and Rights of Way Act 2000, local authorities now have to keep a register of all Deposits of Statements, Maps and Declarations under Section 31(6) of the Highways Act 1980 (31A) as amended by the Commons (Registration of Town or Village greens) and Dedicated Highways (Landowner Statements & Declaration) (England) Regulations 2013.
These registers are available to view electronically. Documents have been redacted to obscure sensitive information, however, full paper copies are available to view during normal office working hours at the Bracknell Forest Council offices at Time Square. Copies of any of the information contained in the register can be taken, but there will be a reasonable photocopying charge for this service.
The register of Section 31(6) deposits contains information about each deposit and declaration that has been made under Section 31(6) of the Highways Act 1980, including the name of the person making the deposit, a description of the area it covers, and the date it was made or renewed. Deposits must be renewed every twenty years to remain valid.
Current list of Section 31(6) deposits
You can view the current list of Section 31(6) deposits on DataShare.