Web page under construction
'Rush Common' is shorthand for the 'Rush Common Proscribed Land'.
It is the land that was protected by the Rush Common Act 1806 - an enclosure act that privatised (enclosed) the former Rush Common. It is not common land.
The former common is, approximately, the triangle bounded by Brixton Hill, Effra Road and Josephine Avenue/Helix Gardens. The precise area can be seen on the maps:
Map of Rush Common Proscribed Land with Conservation Area
Map of Rush Common Proscribed Land
Whilst the 1806 act allowed building on most of the former common, it prohibited erections above the surface of the earth on all the edges - thus producing the present day more or less continuous strips of green on Brixton Hill (eastern side), Josephine Avenue, Helix Gardens and Effra Road (both sides).
Whilst the land is in private ownership, or council ownership, it remains illegal to build anything on them - this includes surfacing, fences, walls etc.
As the commoners and general public had unrestricted access to the common until 1806, it is clear that the Act intended, by its prohibition of any fences or walls, that the general public should have continuing access to the preserved strips.
By virtue of the LCC General Powers Act 1947 LB Lambeth has limited powers to permit breaches of the 1806 act but, unlike planning consent, there is a strong presumption against such consent being granted.
LB Lambeth has recently agreed guidelines and a draft procedure for applications concerning the Rush Common Proscribed Land. These can be found on the Lambeth Council website.
The history is well explained by the Survey of London .
To find on Google Earth go to: 51 27' 25.0"N, 0 06' 58.0"W
For further information contact:
Seamus MacBride
07958 30 83 60