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Regina v Cornwall County Council ex parte Huntington and Another: CA 1994

No application for judicial review could be made before the Secretary of State had confirmed a modification order. Simon Brown LJ identified three categories of case excluded from the statutory review procedure: ‘a) A failure by the statutory decision maker to exercise his jurisdiction . . b) The reasoning underpinning the decision which is otherwise … Continue reading Regina v Cornwall County Council ex parte Huntington and Another: CA 1994

Trail Riders’ Fellowship and Another, Regina (on The Application of) v Dorset County Council: Admn 2 Oct 2012

The claimants challenged rejection of five applications under section 5 of the 1981 Act for modification orders allowing the upgrade of routes to provide vehicular public rights of way. The applications had been submitted using digital mapping. The Council said that the maps did not accord with the legislation. Held: The application failed: ‘there was … Continue reading Trail Riders’ Fellowship and Another, Regina (on The Application of) v Dorset County Council: Admn 2 Oct 2012

Maroudas v Secretary of State for Environment Food and Rural Affairs: CA 18 Mar 2010

The claimant appealed against an order refusing his request to quash a footpath modification order. The request had not been signed as required. Held: The appeal succeeded. ‘subject to the de minimis principle, an application must strictly comply with para 1 of Schedule 14 . . But that does not mean that a valid application … Continue reading Maroudas v Secretary of State for Environment Food and Rural Affairs: CA 18 Mar 2010

Wild v Secretary of State for Environment, Food and Rural Affairs and Another: CA 21 Dec 2009

Appeals against a decision upholding the decision of a planning inspector confirming an order by the Dorset County Council adding a length of footpath to the Definitive Map and Statement. Judges: Sir Andrew Morritt Ch, Scott Baker, Moses LJJ Citations: [2009] EWCA Civ 1406, [2010] NPC 2 Links: Bailii Statutes: Wildlife & Countryside Act 1981 … Continue reading Wild v Secretary of State for Environment, Food and Rural Affairs and Another: CA 21 Dec 2009

Winchester College and Another, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs: CA 29 Apr 2008

The college appealed against modifications of definitive map to upgrade two footpaths to byways open to all traffic. The college was circled by footpaths which it wished to protect when the council constructed a new bypass. Held: The College’s appeal succeeded. If the defendant was to alter the map, the statutory procedure had to be … Continue reading Winchester College and Another, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs: CA 29 Apr 2008

Norman and Another v Secretary of State for the Environment, Food and Rural Affairs: Admn 5 Jul 2006

The applicants sought to have quashed an order by the Council confirming a footpath. Having concluded that the decision of an inspector confirming a modification order was flawed, the Court said that it should be quashed and the matter remitted for reconsideration. Leading counsel for the objectors thereupon submitted that the consequence of the decision … Continue reading Norman and Another v Secretary of State for the Environment, Food and Rural Affairs: Admn 5 Jul 2006

Paton v Devon County Council and Another: Admn 16 Jan 2013

The claimants appealed against rejection of their assertion of a local right of way. They referred to old maps. The respondent relied on the definitive map showing an alternate right of way since 1950. Held: Though the claimant had a strong case, there was a sufficient basis of evidence for the recorder to have found … Continue reading Paton v Devon County Council and Another: Admn 16 Jan 2013

Burrows v Secretary of State for Environment Food and Rural Affairs: Admn 23 Jan 2004

A modification of the definitive map was sought, to widen a footpath and declare it a bridleway. The landowner had erected a notice in 1975 denying any public right of way, but the inspector had thought it of no effect. Held: The declaration in the notice of a ‘Private Road’ was consistent with whatever rights … Continue reading Burrows v Secretary of State for Environment Food and Rural Affairs: Admn 23 Jan 2004

Norfolk County Council, Regina (on the Application Of) v Secretary of State for Environment, Food and Rural Affairs: Admn 10 Feb 2005

The claimant sought to challenge the confirmation of a public footpath. Pitchford J described how the court should interpret the definitive map made under the 1981 Act: ‘The correct approach to interpretation of the definitive map and statement must be a practical one. They should be examined together with a view to resolving the question … Continue reading Norfolk County Council, Regina (on the Application Of) v Secretary of State for Environment, Food and Rural Affairs: Admn 10 Feb 2005

Todd, Bradley v The Secretary of State for Environment Food and Rural Affairs: Admn 22 Jun 2004

Application was made to quash an order modifying the Council’s definitive map of public rights of way. Held: Before the Secretary of State could confirm a Council’s modification of a right of way shown on the definitive map, where that modification was opposed, she had to be satisfied on the balance of probabilities that the … Continue reading Todd, Bradley v The Secretary of State for Environment Food and Rural Affairs: Admn 22 Jun 2004

Fernlee Estates Limited v City and County of Swansea, Same v National Assembly for Wales: Admn 18 May 2001

The council had added a bridleway to the definitive map of rights of way on the basis that the use had been for more than 20 years by the public with no evidence of intention not to dedicate it as a public highway. The period was calculated back from the time when it was challenged. … Continue reading Fernlee Estates Limited v City and County of Swansea, Same v National Assembly for Wales: Admn 18 May 2001

Regina v Secretary of State for the Environment Ex Parte Bagshaw, Regina v Sane Ex Parte Norton and Bagshaw: QBD 6 May 1994

Mr Bagshaw sought an order modifying the definitive map and statement to show a former mine track as a public right of way. Held: A claimant seeking to establish a public path had to show evidence in support or that it was reasonable to make the allegation.Owen J, referring to 53(3)(c)(i) said: ‘It is necessary … Continue reading Regina v Secretary of State for the Environment Ex Parte Bagshaw, Regina v Sane Ex Parte Norton and Bagshaw: QBD 6 May 1994

Trevelyan (On Behalf Of Himself and The Ramblers Association) v The Secretary of State for The Environment, Transport and The Regions: CA 23 Feb 2001

An inspector, determining an application to remove a public bridleway from the definitive map, and where there was evidence only of use by foot, was right to start from the presumption that, if a right of way was shown on the definitive map, it was correctly registered. Nevertheless, where there had been no evidence to … Continue reading Trevelyan (On Behalf Of Himself and The Ramblers Association) v The Secretary of State for The Environment, Transport and The Regions: CA 23 Feb 2001

Applegarth v Secretary of State for Environment Transport and Regions: Admn 28 Jun 2001

The landowner challenged an order under the 1981 Act. Held: the inspector’s decision was upheld. However, a different inspector at an earlier inquiry had concluded that the modifying order should not be confirmed. That decision had been challenged by the county council before Carnwath J who had made an order by consent quashing the decision … Continue reading Applegarth v Secretary of State for Environment Transport and Regions: Admn 28 Jun 2001

Regina v Secretary of State for the Environment ex parte Burrows and Simms: CA 1990

The conclusive character of the definitive map and statement is not intended to preclude the duty of the local authority to modify them where proper. If evidence came to light to show that a mistake had been made in drawing up the definitive map, then such a mistake could be corrected in either of the … Continue reading Regina v Secretary of State for the Environment ex parte Burrows and Simms: CA 1990

Maltbridge Island Management Company v Secretary of State for Environment and Hertfordshire County Council: Admn 31 Jul 1998

Application to set aside addition of land to definitive map of public rights of way as byway open to all traffic (BOAT). Held: The force of the evidence of private conveyancing documents may outweigh the value of public documents such as a tithe map or a Finance Act assessment which were not prepared for the … Continue reading Maltbridge Island Management Company v Secretary of State for Environment and Hertfordshire County Council: Admn 31 Jul 1998

Trailer and Marina (Leven) Ltd, Regina (ex parte) v Secretary of State for the Environment, Food and Rural Affairs and Another: CA 15 Dec 2004

The claimant sought a declaration that the 1981 Act, as amended, interfered with the peaceful enjoyment of its possession, namely a stretch of canal which had been declared a Site of Special Scientific Interest, with the effect that it was unusable. It had come to be a habitat for wildlife, and the order prevented the … Continue reading Trailer and Marina (Leven) Ltd, Regina (ex parte) v Secretary of State for the Environment, Food and Rural Affairs and Another: CA 15 Dec 2004

Trailer and Marina (Leven) Limited v The Secretary of State for the Environment, Food and Rural Affairs, English Nature: QBD 6 Feb 2004

The claimant owned land which contained a canal. After disuse it had become subject an order declaring it a site of special scientific intrest. The owner complained that this removed his right to develop uses of the land and infringed his human rights. Held: The procedures did allow some development subject to controls. It was … Continue reading Trailer and Marina (Leven) Limited v The Secretary of State for the Environment, Food and Rural Affairs, English Nature: QBD 6 Feb 2004

Trail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council: SC 18 Mar 2015

Objection had been made that a plan, used to register a right of way before it would disappear if un-registered, was to the wrong scale and that therefore the application was ineffetive. Held: The Council’s appeal failed. The plan was too large a scale, and that could not invalidate the application. The only question is … Continue reading Trail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council: SC 18 Mar 2015

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Shears Court (West Mersea) Management Company Ltd v Essex County Council: ChD 1986

Residents claimed a right to use a way over the plaintiff’s land as access to a beach. The County Council after representation by the residents instituted proceedings under the 1981 Act having concluded that there was a public right of way. Meanwhile the plaintiff landowner issued a writ seeking a declaration that no public footpath … Continue reading Shears Court (West Mersea) Management Company Ltd v Essex County Council: ChD 1986

Roxlena Ltd, Regina (on The Application of) v Cumbria County Council: CA 9 Oct 2019

How should a surveying authority approach the evidence said to justify its making an order to add a footpath to its definitive map and statement of public rights of way under section 53 of the Wildlife and Countryside Act 1981? Judges: Lord Justice Simon, Lord Justice Simon Lord Justice Lindblom and Lord Justice Irwin, Lord … Continue reading Roxlena Ltd, Regina (on The Application of) v Cumbria County Council: CA 9 Oct 2019

Dyfed County Council v Secretary of State for Wales: CA 30 Nov 1989

The Council had, under section 53 of the 1981, Act modified its definitive map to add five footpaths including that under appeal. An inspector had refused to confirm three of the footpaths, including the one in dispute, and in accordance with his decision the Secretary of State had confirmed the order subject to that modification. … Continue reading Dyfed County Council v Secretary of State for Wales: CA 30 Nov 1989

Jones v Welsh Assembly Government: Admn 15 Dec 2008

The County Council had made an order under section 53, establishing a footpath over the claimant’s land. The land owner now appealed. The court had previously quashed the inspector’s decision on the basis that he had not allowed for the interruption of the path, but had refused to quash the Order itself. The claimant said … Continue reading Jones v Welsh Assembly Government: Admn 15 Dec 2008

Regina v Secretary of State for Environment ex parte Billson: Admn 16 Feb 1998

A deed granting access to a common in accordance with the section included access by horseback as well as by foot. The court upheld the Inspector’s decision that the 20-year user of the land relied upon by the applicant for the modification was not ‘as of right’ because a revocable deed by the landowner’s predecessor … Continue reading Regina v Secretary of State for Environment ex parte Billson: Admn 16 Feb 1998

Regina v Secretary of State for Wales Ex Parte Emery: CA 9 Jul 1997

The applicant had sought to have included in the definitive map, a local footpath, and now challenged refusal to include it. Held: A public right of way may be created by dedication or it may be deemed after actual use by the public over twenty years; need to modify definitive map. In this case, it … Continue reading Regina v Secretary of State for Wales Ex Parte Emery: CA 9 Jul 1997

Marriott v Secretary of State for the Environment: Admn 10 Oct 2000

Application to quash public footpath re-classification. Held: Sullivan J quashed an order with regret but did not consider any alternative. Judges: Sullivan J Citations: [2000] EWHC 652 (Admin), [2001] JPL 559 Links: Bailii Statutes: Wildlife and Countryside Act 1981 Cited by: Cited – Jones v Welsh Assembly Government Admn 15-Dec-2008 The County Council had made … Continue reading Marriott v Secretary of State for the Environment: Admn 10 Oct 2000

National Trust v Secretary of State for Environment: Admn 17 Dec 1998

The claimant applied to have quashed the East Sussex County Council (Crowlink Car Park To Flagstaff Point, East Dean and Friston No 37 Definitive Map Modification Order 1997. The Order modified the County Council’s definitive map and statement of public rights by adding a public footpath which runs from the car park at Crowlink to … Continue reading National Trust v Secretary of State for Environment: Admn 17 Dec 1998