Citations: [2009] EWHC 658 (Admin) Links: Bailii Statutes: Wildlife and Countryside Rights of Way Act 1981 Jurisdiction: England and Wales Land Updated: 13 August 2022; Ref: scu.327999
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 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
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. Meanwhile the plaintiff landowner issued a writ seeking a declaration that no public footpath … Continue reading Shears Court (West Mersea) Management Company Ltd v Essex County Council: ChD 1986
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 highway by reason of the dedication of the right of passage to the … Continue reading Regina v Nicholson and Another, Secretary of State for Environment and others: Admn 20 Dec 1996
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 notification. The claimants said that they could have considered alternative ways of protecting the land … Continue reading Fisher and Another v English Nature: Admn 4 Jul 2003
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? Judges: Lord Justice Simon, Lord Justice Simon Lord Justice Lindblom and Lord Justice Irwin, Lord … Continue reading Roxlena Ltd, Regina (on The Application of) v Cumbria County Council: CA 9 Oct 2019
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 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 of the path, but had refused to quash the Order itself. The claimant said … Continue reading Jones v Welsh Assembly Government: Admn 15 Dec 2008
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 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 had served notices on the landowners to remove gates. Held: The status of … Continue reading Mear and others v Cambridgeshire County Council: ChD 20 Oct 2006
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 in the notice of a ‘Private Road’ was consistent with whatever rights … Continue reading Burrows v Secretary of State for Environment Food and Rural Affairs: Admn 23 Jan 2004
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 modification was opposed, she had to be satisfied on the balance of probabilities that the … Continue reading Todd, Bradley v The Secretary of State for Environment Food and Rural Affairs: Admn 22 Jun 2004
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 from the time when it was challenged. … Continue reading Fernlee Estates Limited v City and County of Swansea, Same v National Assembly for Wales: Admn 18 May 2001
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 ‘as of right’ because a revocable deed by the landowner’s predecessor … Continue reading Regina v Secretary of State for Environment ex parte Billson: Admn 16 Feb 1998
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
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, then such a mistake could be corrected in either of the … Continue reading Regina v Secretary of State for the Environment ex parte Burrows and Simms: CA 1990
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
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 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 [2015] 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 [2015] 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
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 [2003] 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
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 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
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 . .
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