Rush Common Protocol
A procedure to guide Rush Common Applications and Enforcement - July 2012
Building works or new structures above the surface of the earth on Rush Common land require
Rush Common consent. This is in addition… etc etc
General information
1. Rush Common Land is a unique area, a linear, green, largely open space with some
commercial and residential properties most of which is located to the south of Brixton Town
Centre. It provides an important amenity space and green corridor. Most of the Rush Common
Land is within conservation areas. Coldharbour, Herne Hill, Tulse Hill and Brixton Hill wards all
contain some Rush Common land. The Council’s aim is to ensure that the open character of
Rush Common is maintained and enhanced.
2. The Council’s Corporate Committee approving policy and guidance for Rush Common
consent in September 2007 following public consultation. This provides guidance on the need
for Rush Common consent and planning permission and sets out the Council’s policy in dealing
with proposals for Rush Common consent.
3. The Rush Common Act 1806 was an Enclosure Act, which enclosed and divided certain
common lands into private ownership to allow for their better use and Section 17 of the Act
prevented building on the proscribed land. The London County Council (General Powers) Act
1947 gave the LCC powers to take enforcement action or to give consent to the construction of
buildings or structures on land south of Coldharbour Lane.
Other relevant legislation is:
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Local Government Act 1985
Local Government Reorganisation (Miscellaneous Provisions) Order 1988 passed
powers to Lambeth Council in 1988.
4. It should be noted that Rush Common Land has not been registered under the Commons
Registration Act 1965.
5. There is a presumption in the Rush Common Acts against building on Rush Common Land.
However, under the LCC (General Powers) 1947 the Council has the power to grant consent for
requests for “buildings or erections above the surface of the earth” if it does not affect the open
character of Rush Common. In addition to the need to seek consent under the Rush Common
Act legislation it is necessary to determine whether there is a need to apply for planning
permission.
6. Examples of works requiring Rush Common consent may include extensions, freestanding
buildings, new building, replacement buildings, garages, temporary structures, play equipment,
garages, fencing, walls, railings, garden structures (such as pergolas and dustbin stores),
hardstandings / paving and lighting columns. (also see FAQ that can be found on the Council’s
website).
7. There is no right of appeal against the Council’s decision to refuse Rush Common consent or
take injunctive action other than to challenge it in the High Court by way of judicial review as
unreasonable. The Court would not however take over the Council’s decision making power.
How to make an application
8. Rush Common applications should be made by letter and return to Lambeth Planning,
Phoenix House, 10 Wandsworth Road, London SW8 2LLrequesting that application is made for
Rush Common consent together with 4 copies of relevant plans and drawings. There is no fee.
Uniform (the applications database) records these applications which are referenced with the
suffix RUS.
9. Where proposals involving building work are proposed that require planning permission,
approval under the Rush Common Act legislation will also be required if they include “buildings
or erections above the surface of the earth”. Where Rush Common Consent and planning
permission is required applicants are advised that Rush Common Consent should be obtained
before an application for planning permission is submitted. Applications will be dealt with by the
South Team.
Procedure for Rush Common applications
10. The following procedures should be followed:
1) Validate application – ensure there are 4 copies of plans and details of the extent of
works together with a covering letter of application. The application is placed on the
weekly applications list. All councillors are sent this list.
2) Consultation – All ward members, The Brixton Society, Friends of Rush Common, The
Josephine Avenue Group, Roupell Park Residents and Management Co operative, St
Matthews Estate Tenants and Residents Association (SMETA), Bailey Mews Residents
Association should be consulted on all applications. Other consultations including local
residents, businesses and groups should be carried out where appropriate. The
consultation period is 21 days. Copies of the application should be placed on the
planning application database on the Councils website or in the Tate Library Brixton.
Site notices should be placed on site and more widely if appropriate.
3) There are delegated powers to refuse applications and approve applications providing no
objections have been received. Applications where objections have been made and are
recommended for approval are submitted to the Corporate Committee for decision.
Generally this Committee meets every 2 months. Reports to this Committee should be
prepared on the standard Corporate Committee template (Democratic Services).
4) If the application is to be recommended for approval any conditions need to be agreed by
the applicant in writing before consent can be issued. (See section 11 of the 1947 Act)
5) There is a standard decision letter on Uniform.
6) The decision letter should be scanned in to be added to the statutory register as all other
decisions. It can be viewed online on the application database.
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Assessment of Rush Common applications
11. There is a presumption against buildings or erections above the surface on Rush Common
Land. The Corporate Committee agreed policy and guidance for Rush Common in September
2007 following public consultation. When considering applications for Rush Common proposals
will be tested against the purpose of the Act, which is to maintain its open character.
12. Rush Common policy and guidance states that when assessing an application under the
Rush Common Acts, only the effect on its open character can be taken into account. The
Council will resist all development proposals that could have a detrimental effect on the open
character of Rush Common including the use of gardens for car parking and in accordance with
the policy and guidance on specific issues.
13. In considering planning application proposals they will be assessed in relation to the
Council’s relevant planning policies in the Core Strategy and saved UDP polices, depending on
what is proposed. Conservation area status gives the Council additional planning duties,
powers and policies to protect or enhance the character and appearance of the Conservation
Area.
Enforcement
14. The Council has powers of enforcement of the Rush Common Act under the London County
Council (General Powers) Act 1947. It is important to note that the relevant Acts are distinct
and separate from planning legislation and the two should not be confused. Under Planning
legislation the Council has a general discretion to take enforcement action where considered
appropriate and expedient, and is the responsibility of the Planning Division.
15. Building or other works carried out without Rush Common consent are immediately liable to
injunctive action by the Council, where it is considered appropriate to pursue. This will normally
be in cases where the works are contrary to the Rush Common policy.
16. Injunctive relief is the application to the High Court for an order preventing a breach of the
Act or, if it has already happened ordering the removal of the breach. For example if a building
was erected on Rush Common land without consent, the Court (if it considered it necessary and
proportionate) could order an injunction requiring its demolition and removal. If an injunction is
not complied with, the person to whom it is addressed will be in contempt of court and liable to a
fine or imprisonment (at the court’s discretion there is no maximum penalty).
17. There is no time limit for enforcement action specified within the 1947 LCC (General
Powers) Act. However, the Council has been advised that legal action should be considered
under the Limitation Act 1980 and therefore any such action should be taken within 6 years of
the building or erection being built or constructed. In order for action to be taken in respect of
an existing breach retrospectively, the Council would need to possess substantive evidence that
the breach had occurred within six years of the date of the injunctive action.
18. Where the Council has carried out works without Rush Common consent, and where it is
contrary to Rush Common policy the relevant departments would be instructed to remove the
works.
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How to obtain further information
Copies of the Guidance Note, Rush
Common legislation and detailed
maps showing the extent of Rush
Common proscribed land, can be
seen on the Council’s website
www.lambeth.gov.uk/rushcommon
Contacts
Planning,
Regeneration
and
Enterprise
Marian Girdler
Email: [email protected] or
[email protected]
Translations
If you would like this information in
large print, Braille, audio tape or
another language please contact us
on 020 7926 1180 1195
Si desea información en otra idioma
rogamos nos llame al 020 7926 1195
Key:
Greyed area represents the
extent of Rush Common,
south of Coldharbour Lane.
Si vous souhaitez ces informations
dans une autre langue, veuillez nous
contacter au 020 7926 1195
Se desejar esta informaçâo noutro
idioma, é favor telefonar para 020
7926 1195
Haddii aad jeceshahay inaad
warbixintan ku heshid luqad kale,
fadlan la xiriir 020 7926 1195
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