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 so that the question of confirmation of the order therefore fell to be redetermined by the Secretary of State. The objector and the county council had agreed to proceed before the second inspector by way of written representations rather than by public inquiry. Munby J referred to the relief which he had jurisdiction to grant. He said: ‘I should make clear the nature of the court’s function. [The objector] does not have a right to ‘appeal’ to the High Court. Paragraph 12 of Schedule 15 to the 1981 Act gives him, as a ‘person aggrieved’ a right to ‘make an application to the High Court’. The effect of paragraphs 12(2) and 12(3) is that I cannot interfere, whatever my own view of the merits of [the objector’s] contentions might be, unless I am ‘satisfied’ either (i) that the modification order made by [the council] on x. is not within the powers of sections 53 and 54 of the Act or (ii) that [the objector’s] interests have been ‘substantially prejudiced’ by a failure to comply with the requirements of Schedule 15. Even if I am so satisfied my only power is to ‘quash’ the modification order in whole or part. It follows that I have no power to grant [the objector] any declaration or other relief.’
Judges:
Munby J
Citations:
[2001] EWHC Admin 487
Links:
Statutes:
Wildlife and Countryside Act 1981
Jurisdiction:
England and Wales
Cited by:
Cited – Jones v Welsh Assembly Government Admn 15-Dec-2008
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 . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 22 May 2022; Ref: scu.140340