Records of rights of way across your land - Section 31(6) deposits
Section 31(6) of the Highway Act 1980 allows landowners to acknowledge the existence of public rights of way which cross their land. It also prevents new public rights of way being created by 'presumed dedication'.
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 20 years or more.
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.
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 on GOV.UK.
Making an application
If you would like to make an application, fill in form CA16 and return it by post (a signed paper copy is required) to the following address:
Parks and Countryside Service
Bracknell Forest Council
There will be a charge of £363.25 (plus VAT) for any application made for a single or standard parcel of land.
Extra fees of £72.70 (plus VAT) per additional parcel of land will be charged on top of this. This includes where there are larger or more complex land holdings, for example, where it is divided by several highways. There will be a charge of £72.79 (plus VAT) for each subsequent declaration to renew the deposit (at up to 20 years intervals).
On receipt of a valid completed form CA16 and map we will publish a notice of the deposit on our website, post site notices on the land affected and update the legal register of deposits.
Registers of Section 31(6) deposits
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 at our Time Square office. 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 20 years to remain valid.
Current list of Section 31(6) deposits
Willson Developments Limited
Landholdings: Land on the north side and lying to the north of London Road, Binfield, Bracknell
Date of deposit: 12 January 2023
Owner of landholdings: Willson Developments Limited
OS grid ref: SU8385 6905 to centre
Murrell Hill Farm
Landholdings: Land to the southwest of Foxley Lane and Murrell Hill Lane and to the north of London Road, Binfield
Date of deposit: 12 January 2023
Owner of landholdings: Murrell Hill Farm Limited
OS grid ref: SU838 703 to centre
Foliejon Park Estate
Landholdings: Foliejon Park Estate, Drift Road, Winkfield, Windsor, Berkshire, SL4 4QW
Date of deposit: 1 June 2021
Owner of landholdings: Watche Aghiche Manoukian
OS grid ref: SU901 742
DocumentFoliejon Park Plan - map