Charity says threat of legal action led Planning Inspectorate to issue reminder on compliance with map scale rules

A dispute arose in October 2024 when Moreton C Cullimore (Gravels) applied to the Planning Inspectorate under section 16 of the Commons Act 2006 to deregister and replace a hectare of Shuthonger Common, near Tewkesbury, to facilitate construction of a haul road.

A plan with the application purported to show the replacement land.

But the society said this was drawn on the Ordnance Survey’s Explorer map, at a scale of 1:25,000, whereas regulations requires the use of an ordnance map, of not less than 1:2,500.

The society claimed its representations were ignored by the Planning Inspectorate, while the applicant’s lawyers Burges Salmon insisted the plan met regulatory requirements.  

An inspector granted the application in October 2025, and attached a replacement map, but according to the society this was still drawn on the Explorer map.

The OSS issued a pre-action protocol. In response the Government Legal Department declined to accept the decision was unlawful, but told the society “steps have been taken to ensure that applications under section 16 of the Commons Act 2006 are compliant with regulation 5(2)(a). …Instructions have been issued to relevant…Planning Inspectorate’s case officers and Inspectors to that effect.  

“The Planning Inspectorate is also taking steps to amend its internal procedures relating to such applications to ensure compliance in future.”  

OSS case officer Hugh Craddock said: “It is clear from the legislation and case law that, where there is a requirement to use an Ordnance Survey map at a particular scale, that is exactly what must be done."

He added that the requirement for a large-scale map was "there for a reason: it is so that the local authority holding the commons register map can show the release and replacement land at a sufficient scale to ensure accuracy and legibility.”

Both the Planning Inspectorate and Burges Salmon declined to comment.

Mark Smulian