LRA Right of way acquired by prescription – doctrine of lost modern grant – whether acquired for all purposes or limited to agricultural purposes only – whether abandoned – Ludgershall Inclosure Act 1777 – Ludgershall Inclosure Award 1778 -Natural Environment and Rural Communities Act 2006, section 67(5) – Inclosure Act 1857, section 12 – Commons … Continue reading Meldale Limited v Ludgershall Parish Council (Easements): LRA 27 Sep 2007
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 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
The applicants challenged the refusal of the defendant to alter the definitive right of way map. Judges: George Bartlett QC J Citations: [2007] EWHC 2786 (Admin), Times 08-May-2008 Links: Bailii Statutes: Natural Environment and Rural Communities Act 2006 67, Wildlife and Countryside Act 1981 Part III Jurisdiction: England and Wales Cited by: Appeal from – … Continue reading Winchester College, Warden and Fellows of and Another; Regina (on the Application of) v Food and Rural Affairs: Admn 28 Nov 2007
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
The court considered the contnuation of public rights of way against the new system of the ending of certain unrecorded rights. Held: he appeal failed. ‘As a matter of plain language, section 67(2)(b) does not, in our judgment, require the list to be fully compliant with section 36(6). The requirement to which it refers is … Continue reading Fortune and Others v Wiltshire Council and Another: CA 20 Mar 2012
LRA Easements and Profits A Prendre : Abandonment – Right of way acquired by prescription – doctrine of lost modern grant – whether acquired for all purposes or limited to agricultural purposes only – whether abandoned – Ludgershall Inclosure Act 1777 – Ludgershall Inclosure Award 1778 -Natural Environment and Rural Communities Act 2006, section 67(5) … Continue reading Meldale Ltd v Ludgershall Parish Council: LRA 27 Sep 2007
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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The applicants sought to challenge the grant of a permit by the defendant to a company to operate a cement works, saying that the environmental impact assessment was inadequate. Held: The Agency had been justified in allowing the application in the form presented. Nor had there been inadeqate disclosure. Everything which was required to be … Continue reading Edwards, Regina (on the application of) v Environment Agency: HL 16 Apr 2008
