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
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
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
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
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
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
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
The Fellowship had applied for orders upgrading public rights of way. The council rejected the applications saying that the digital mapping software used to repare the maps submitted were not compliant with the requirements of the legislation. They . .
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