The applicant challenged a refusal to confirm a draft order recognising a road used as a path as a byway open to all traffic. Held: The challenge succeeded. The path had been shown under the 1948 Act as a road used as a public path. The council had reclassified it as a bridleway, which did … Continue reading Kind, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs: Admn 27 Jun 2005
Citations: [2007] EWCA Civ 53 Links: Bailii Statutes: National Parks and Access to the Countryside Act 1949, New Forest National Park (Designation) Order 2002 Jurisdiction: England and Wales Citing: Appeal from – Meyrick Estate Management Ltd and others v Secretary of State for Environment, Food and Rural Affairs Admn 3-Nov-2005 . . Lists of cited … Continue reading Meyrick Estate Management Ltd and others v Secretary of State for Environment, Food and Rural Affairs: CA 1 Feb 2007
Judges: Sullivan J Citations: [2005] EWHC 2618 (Admin) Links: Bailii Statutes: National Parks and Access to the Countryside Act 1949, New Forest National Park (Designation) Order 2002 Jurisdiction: England and Wales Cited by: Cited – Pascoe v First Secretary of State and others Admn 27-Sep-2006 The claimant challenged a compulsory purchase order made under the … Continue reading Meyrick Estate Management Ltd and others v Secretary of State for Environment, Food and Rural Affairs: Admn 3 Nov 2005
Local Authority need not show intention to build on all parts of land being compulsorily purchased under the Act. The object of section 89 was to allow a local authority to purchase land which was unsightly, neglected or derelict to put it to use. The authority’s proposed use was to clear and stabilise the area … Continue reading Thomas v Secretary of State for Wales and Another: QBD 13 Mar 1996
The appellant challenged by case stated a refusal of the Crown Court to order removal of a gate which he said obstructed a public footpath. The land-owner had persuaded the magistrates that the gate was not on the line of the footpath. The claimant said the finding of fact was perverse. Held: There was clear … Continue reading Ernstbrunner v Manchester City Council and Another: Admn 16 Dec 2009
The Claimants say this case raises an important legal issue. ‘Can a public body which in law is not a National Park, represent itself (and allow itself to be represented) as a National Park and thereby to enjoy the benefits of National Park status despite the fact that that authority has decided to cease to … Continue reading Harris and Another, Regina (on The Application of) v Broads Authority: Admn 12 Apr 2016
The claimants, who promoted responsible motorsports challenged the defendant’s Traffic Regulation Order banning vehicular traffic on certain unsealed roads in the Dales, saying that there was nothing to show that the relevant committee had taken . .
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A track did not become a bridleway by allowing use by vehicles through long use unless that use pre-dated 1949. There was a later statutory bar. Citations: Times 20-Feb-1998 Statutes: National Parks and Countryside Act 1949 Jurisdiction: England and Wales Land Updated: 26 May 2022; Ref: scu.87805
The court considered the effect of a reclassification of a road under the 1968 Act. Held: Reclassification as a bridleway left open the possible existence of public vehicular rights since the 1968 Act had left the effect of the proviso in section 32(4)(b) in th e1949 Act unaltered and contained no positive word about extinguishment … Continue reading Regina v Secretary of State for the Environment ex parte Riley: 1990
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
Judges: Ouseley J Citations: [2011] EWHC 300 (Admin) Links: Bailii Statutes: National Parks and Access to the Countryside Act 1949 821 Jurisdiction: England and Wales Land Updated: 02 September 2022; Ref: scu.429732
The court considered the nature of the 1949 Act: ‘The object of the statute is this: it is to have all our ancient highways mapped out, put on record and made conclusive, so that people can know what their rights are. Our old highways came into existence before 1835. They were created in the days … Continue reading Regina v Secretary of State for the Environment ex parte Hood: CA 1975
The House considered the status of a pedestrian right of way through a caravan site to a beach, and the 1949 Act: ‘The sections which follow section 27 deal with the further steps which have to be taken before the definitive map is completed and published. They provide an elaborate procedure for enabling representations or … Continue reading Suffolk County Council v Mason: HL 1979
Challenge to order confirming path of road. Citations: [1998] EWHC Admin 802 Links: Bailii Statutes: National Parks and Access to the Countryside Act 1949 Jurisdiction: England and Wales Land Updated: 31 March 2022; Ref: scu.138923
Presumption of dedication dates back. The claimant tripped over a tree root raising a path in the park. The court was now asked whether the pathway through a public park, but which was not a public right of way, was maintainable at public expense as a highway governed by the 1980 Act. Held: As to … Continue reading Barlow v Wigan Metropolitan Borough Council: CA 1 Jun 2020
