Regulation of the Common

Establishment of the Regulations

Under the Enfield Chase Act of 1777, Monken Hadley Common was originally held in trust by the Churchwardens of the parish church of Monken Hadley, for the benefit of those having “common rights” at that time, which was broadly the owners and occupiers of the 100 or so properties on the Common and in the immediate locality.  Over time, this form of management became unworkable, and on 1st December 2022, under the Monken Hadley Common Act 2022, ownership of the Common was transferred to Monken Hadley Common Trust, a charitable organisation, in order that the Common be preserved and adequately managed.

s.10 (1) of the Monken Hadley Common Act 2022 provides that:
On and after the appointed day [1st December 2022], the Trust may make regulations to secure the good management of the Common including for the following purposes:

(a) the conservation of the natural state of the Common;

(b) the preservation of order and the prevention of nuisances on the Common;

(c) the exercise of rights of common; and

(d) to secure public safety

Following public consultation, the Trust has drawn up these Regulations and they have been approved by the Secretary of State for the Environment, Food and Rural Affairs (DEFRA).  The Regulations came into force on 22nd August 2025, and can be viewed here.

Thanks

The Trust is indebted to several members and Trustees, and to a wide number of external advisors and helpers for their significant work over many years to establish and gain agreement on the Regulations.  We are particularly grateful to the Open Spaces Society, and our own Trustee, William Boyes, for his hard work and dedication.  To see more information about the establishment of the Trust, take a look at this article from the Open Spaces Society Newsletter, in Spring 2023.

Note regarding laws that apply to users of the Common

Monken Hadley Common Trust made regulations on 1 October 2024 which the Secretary of State for the Environment, Food and Rural Affairs has confirmed and accordingly came into force on 22 August 2025 (“the Regulations”). The following activities (amongst others) are governed by statutory legislation and are not therefore controlled by the Regulations:

  • Advertising
  • Camping and the removal of campers and travellers
  • Causing damage in breach of the provisions of the Criminal Damage Act 1971
  • Dangerous or careless driving
  • Driving vehicles off road on common land
  • Dumping and fly tipping
  • Firearms use
  • Fireworks use
  • Graffiti
  • Littering

The London Borough of Barnet Public Spaces Protection Order number 1 of 2022 applies to the Common in the same manner as it does to other open spaces in the Borough. The PSPO contains an order relating to dogs. The walking of dogs on the Common is also governed by Regulation 14 and all business activity (including remunerated dog walking) by Regulation 31.

 

Gary Chambers
Secretary – Monken Hadley Common Trust
August 2025