For a track to be deemed to be a byway open to all traffic, there was no need to prove vehicular use, nor both pedestrian and equestrian use. It was necessary however to show that the use by foot and horse combined exceeded on balance use by vehicles. The definition in the Act is clear; it must be ‘a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purpose of for which footpaths and bridleways are so used.’ The Judge quashed the decision of the inspector.
Judges:
Kay J
Citations:
Times 10-Feb-2000, [2000] EWHC Admin 279, [2000] 1 WLR 1949
Links:
Statutes:
Wildlife and Countryside Act 1961 66(1)
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, Road Traffic
Updated: 29 May 2022; Ref: scu.140092