Challenge to approval of addition of footpath to definitive map. Judges: Keith J Citations: [2008] EWHC 3461 (Admin) Links: Bailii Statutes: Wildlife and Countryside Act 1981 Sch 15 12(1) Jurisdiction: England and Wales Land Updated: 25 July 2022; Ref: scu.396523
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 correctly registered. Nevertheless, where there had been no evidence to support … Continue reading John Trevelyan (Suing on Behalf of Himself and All Other Members of Ramblers Association) v Secretary of State for Environment, Transport and Regions: Admn 24 Jan 2000
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
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 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 . .
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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