Appeal against refusal to confirm footpath diversion order. Judges: Lawrence Collins J Citations: [2007] EWCA Civ 1293 Links: Bailii Statutes: Highways Act 1980 119 Jurisdiction: England and Wales Land Updated: 12 December 2022; Ref: scu.270414
The court considered the proposed diversion of a public footpath. Held: ‘ the expression ‘substantially less convenient to the public’ is eminently capable of finding a satisfactory meaning by reference to consideration of such matters as the length, difficulty of walking and purpose of the path. Those are features which readily fall within the presumed … Continue reading Young, Regina (on the Application Of) v Secretary of State for the Environment, Food and Rural Affairs and Another: Admn 12 Apr 2002
An applicant for the diversion of a bridleway had the right to make independent representations as to objections received from third parties. Citations: Times 11-Dec-1997 Statutes: Highways Act 1980 119 Jurisdiction: England and Wales Land Updated: 13 November 2022; Ref: scu.88615
When someone objected to a public footpath order, the council has a discretion as to whether the case should be referred to the Secretary of State. In the absence of an obligation, the judicial review of the council’s decision not to make such a reference failed. The existence of the discretion was not inconsistent with … Continue reading Regina (Hargrave and Another) v Stroud District Council: Admn 7 Dec 2001
The applicants had sought to vary a footpath to move it further away from their house. The parish council objected. The council had decided that it would be expedient under the Act to divert it, but went on to decide against a diversion and against referring the decision to the Secretary of State. The land … Continue reading Regina (Hargrave and Another) v Stroud District Council: CA 22 Jul 2002
The claimant complained that the respondent had failed properly to secure removal of an admitted obstruction to a public footpath. The landowner had applied for a diversion of the footpath, which the respondent recommended for adoption, but the complainant had objected that the respondent had failed to follow its own policies, in that it should … Continue reading Regina (Ashbrook) v East Sussex County Council: CA 20 Nov 2002
‘ proper interpretation of section 119(6) of the Highways Act 1980 (‘the 1980 Act’) which deals with the process for confirmation of an order diverting the line of a public footpath, bridleway or restricted byway.’ Judges: Lord Justice Lewis Citations: [2021] EWCA Civ 241 Links: Bailii Jurisdiction: England and Wales Land Updated: 11 September 2022; … Continue reading Open Spaces Society v Secretary of State for Environment, Food and Rural Affairs: CA 25 Feb 2021
The house was asked about whether continuous use of an apparent right of way by the public would create a public right of way after 20 years, and also whether a non overt act by a landowner was sufficient to prove his intention not to dedicate the land as a public right of way. Held: … Continue reading Godmanchester Town Council, Regina (on the Application of) v Secretary of State for the Environment, Food and Rural Affairs: HL 20 Jun 2007
