The court was asked: ‘can a way which is not connected to another public highway, or to some other point to which the public have a right of access, itself be a public highway?’ A path had been registered over part of te claimant’s land, but with no connection to any route back to the … Continue reading Kotegaonkar v Secretary of State for Environment, Food and Rural Affairs and Another: Admn 19 Jul 2012
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
Challenge to Inspector’s decision establishing right of way as BOAT. Judges: Ouseley J Citations:  EWHC 1963 (Admin) Links: Bailii Statutes: Wildlife and Countryside Act 1981 Jurisdiction: England and Wales Land Updated: 26 April 2022; Ref: scu.620670
Re-classification of public path on definitive map. Citations:  EWHC Admin 615 Statutes: Wildlife and Countryside Act 1981 54 Land Updated: 12 April 2022; Ref: scu.138736
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
 UKFTT NV – 2015 – 0001 Bailii Wildlife and Countryside Act 1981, Environmental Civil Sanctions (England) Order 2010, Regulatory Enforcement and Sanctions Act 2008 46 England and Wales Environment Updated: 16 January 2022; Ref: scu.644198
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
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
Application to quash orders modifying map of public rights of way by adding a new footpath. Rhodri Price Lewis QC DHCJ  EWHC 893 (Admin) Bailii Wildlife and Countryside Act 1981 53 England and Wales Land Updated: 29 December 2021; Ref: scu.545121
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 Fellowship appealed against confirmation of an order changing a Byway open to all traffic to a bridleway, thus excluding their members (in this case motorcyclists) from its use by motorised vehicles. Collins J  EWHC 85 (Admin) Bailii Wildlife and Countryside Act 1981 Sch 15 P2 England and Wales Citing: Cited – Regina v … Continue reading Trail Riders Fellowship v Secretary of State for The Environment, Food and Rural Affairs: Admn 26 Jan 2015
Dove J  EWHC 4009 (Admin) Bailii Wildlife and Countryside Act 1981 England and Wales Land Updated: 27 December 2021; Ref: scu.541629
Application was made to modfy the definitive map, moving a right of way by removing the right over one plot of land and creating another over other land. Mr Justice Collins  EWHC 171 (Admin) Bailii Wildlife and Countryside Act 1981 Sch15 England and Wales Cited by: Cited – Todd, Bradley v The Secretary of … Continue reading Leicestershire County Council, Regina (on the Application of) v Secretary of State for the Environment, Food and Rural Affairs: Admn 20 Jan 2003
Challenge to license given to take and disturb certain birds. Lord Justice Phillips  EWCA Civ 1637 Bailii, Judiciary Wildlife and Countryside Act 1981 England and Wales Animals, Licensing Updated: 17 December 2021; Ref: scu.669733
The appellant had lived in a caravan on the verge of a byway and had been here for more than twelve years. He appealed against rejection of his request for possessory title. He said that there was no support in law for the maxim that adverse possession was not available against land forming part of … Continue reading Smith, Regina (on The Application of) v Land Registry (Peterborough Office) and Another: CA 10 Mar 2010
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
Natural England appealed against the quashing of an SSSI. Held: The notification of an SSSI was not the making of a plan as respects the land affected, but the flagging up of it. The real purpose of the proceedings was to allow the land owners to continue to replenish their sea defences. That work would … Continue reading Boggis and Another v Natural England: CA 20 Oct 2009
The claimants wanted to erect a sacrificial barrier by way of a sea defence in order to protect cliffs from erosion. The site was then designated as a site of special scientific interest, and permission was required from the defendant, who refused, saying that the natural erosion of the cliffs continued to expose material of … Continue reading Boggis and Another, Regina (on the Application of) v Natural England and Another: Admn 5 Dec 2008
The applicant sought judicial review of the cancellation of his application for first registration of land by adverse possession. The application had been rejected because a public right of way existed through it, and the claimant had not shown the necessary intention to possess exclusively of others. Held: The claim failed. A public right of … Continue reading Smith, Regina (on the Application of) v The Land Registry (Peterborough Office): Admn 13 Feb 2009
Appeal from finding that land was a bridleway. Peling HHJ  EWHC 1401 (Admin) Bailii Wildlife and Countryside Act 1981 53 England and Wales Land Updated: 31 October 2021; Ref: scu.510192
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 . .
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 . .
Footpath . .
The applicant sought to challenge an enquiry resulting in the confirmation of of a public right of way across his land. . .
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 . .
The landowners sought judicial review of the placing of a public footpath near their house. . .
N objected to the reclassification of a public footpath over his farm as a byway open to all traffic, saying that there had been insufficient evidence to establish a dedication at common law.
Held: N’s appeal failed. ‘A track can become a . .
Renewed application for leave to bring judicial review – making of SSSI – granted. . .
The claimants were trustees of land. The Respondent had notified the Secretary of State that they considered that part of the land satisfied the criteria to be certifed as being of special scientific interest. They now intended to confirm the . .
Appeal against order adding footpath to definitive map. . .
Appeal against quashing of order modifying public right of way. . .
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 . .
When the Secretary of State considered the offer of land in substitution for other land, an ancient woodland and site of special scientific interest, which was sought to be compulsorily acquired for a roadway, he was entitled to assess whether the . .
Public highway – ‘once a highway always a highway’ – Section 32 Highways Act 1980 – Definitive Map – Sections 53 and 58 Wildlife and Countryside Act 1981 . .
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 . .
The land-owner appealed against confirmation of a public footpath crossing their land. . .
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 . .
The claimant challenged the adoption of the defnitive map showing a public footpath over her land. . .
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. . .
Application to quash decision refusing to confirm downgrading of bridleway. . .
Challenge to approval of addition of footpath to definitive map. . .
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 . .
The applicants challenged the refusal of the defendant to alter the definitive right of way map. . .
The claimants sought a declaration that a path over neighbouring land was a public vehicular highway as recorded by the respondents, and not a footpath as asserted by the owners, and that gates over the path infringed the public rights. The council . .
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 . .
Appeal against refusal to confirm public public right of way. . .
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 . .
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 . .
Judicial review challenging the lawfulness of the grant by Natural England of a licence to conduct a trial into the brood management of hen harriers. . .
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 . .
Where a public byway was defined as such under the Act, it was intended that the highway should be shown as such on the definitive map. The fact, if it was such, that a byway had fallen into disuse was not an indication that it should be omitted . .
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 . .
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 . .
An inspector determining an application to remove a public bridleway from the definitive map, 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 . .
The court was asked to review a decision not to confirm a public right of way. The court considered whether the landowner had to show some overt act as evidence of his lack of intention to dedicate the land. Dyson J said: ‘On the face of it, the . .
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 . .
A resolution to designate a route before an order was itself judicially reviewable even though the Act provided a means of appeal. . .
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, . .
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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? . .
Citations:  Env LR 1 Statutes: Wildlife and Countryside Act 1981 28(1) Cited by: Cited – Fisher and Another v English Nature Admn 4-Jul-2003 The claimants were trustees of land. The Respondent had notified the Secretary of State that they considered that part of the land satisfied the criteria to be certifed as being of … Continue reading Regina v Nature Conservancy Council ex parte London Brick Property Ltd: 1996
That a Water Authority was digging a ditch was not a sufficient connection with the land to make them occupiers and capable of committing an offence as occupiers. The statutory provisions were toothless for ‘it needs only a moment to see that this regime is toothless, for it demands no more from the owner or … Continue reading Southern Water Authority v Nature Conservancy Council: HL 9 Sep 1992
A public enquiry is necessary where there is a real dispute over the existence of a public right of way. Citations: Times 24-Jun-1996 Statutes: Wildlife and Countryside Act 1981 Sch 14 Cited by: Appeal from – Regina v Secretary of State for Wales Ex Parte Emery CA 9-Jul-1997 The applicant had sought to have included … Continue reading Regina v Secretary of State for Wales Ex Parte Emery: QBD 24 Jun 1996
A footpath on a definitive map may not be moved by means of an administrative order. Citations: Times 11-Nov-1994 Statutes: Wildlife and Countryside Act 1981 5 Land Updated: 10 April 2022; Ref: scu.87718
A practice of clipping a birds flight feathers every year (after re-growth) did not amount to maiming, since that finding would require a finding as to the future intentions which was speculation and could not be justified. Citations: Times 02-Oct-1998 Statutes: Wildlife and Countryside Act 1981 5(1)(d) Animals Updated: 08 April 2022; Ref: scu.81436
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
The complainant has requested correspondence and other information connected with the drafting of legislation whereby the Duchy of Cornwall is not criminally liable under the provisions of the Wildlife and Countryside Act 1981. The Cabinet Office refused to provide this citing section 35 (government policy exemption) and section 42 (legal professional privilege exemption) as its … Continue reading Cabinet Office (Central Government) FS50550467: ICO 3 Feb 2015
The defendant effectively sought to appeal against his conviction on his own guilty plea to possession of wild bird eggs. They had been collected before possession itself was made an offence, and he had received them before the 2004 Act, after which only the person originally collecting an egg could lawfully possess it. He said … Continue reading Dodsworth v Crown Prosecution Service: Admn 8 Nov 2010
The defendant was licensed to set Larson traps to catch magpies. The traps worked by keeping a magpie as a decoy to attract others. The evidence was that the trapped magpie suffered distress and injury because the trap was so small as not to allow . .
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. . .
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 . .
The claimants appealed a refusal of their request for a judicial review of a decision of the respondent to designate their land as being of special scientific interest because of the need to protect the stone curlew.
Held: The defendant’s . .
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 . .
Application to quash public footpath re-classification.
Held: Sullivan J quashed an order with regret but did not consider any alternative. . .
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 . .
The defendant appealed by way of case stated against a decision convicting him of have clipped the wings of a jackdaw. . .
Appeal by landowner against confirmation of public bridleway over his land. . .
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 . .