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 that it was not possible to quash one without the other.
Held: The court considered the authorities and concluded that the order must be an order quashing the Ceredigion County Council (Footpath 49/29/M) Definitive Map Modification Order 2004.
Judges:
Vosper QC HHJ
Citations:
[2008] EWHC 3515 (Admin)
Links:
Statutes:
Wildlife and Countryside Act 1981 53(2)(b)
Citing:
Cited – Dyfed County Council v Secretary of State for Wales CA 30-Nov-1989
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 . .
Cited – Regina v Cornwall County Council ex parte Huntington and Another CA 1994
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 . .
Cited – Jacques v Secretary of State for the Environment CA 1995
The Inspector had found that the landowner had, by overt acts directed at users of the way in question, including the erection of locked gates and of fencing and of notices, disproved any intention on his part to dedicate.
Held: The . .
Cited – Maltbridge Island Management Company v Secretary of State for Environment and Hertfordshire County Council Admn 31-Jul-1998
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 . .
Cited – National Trust v Secretary of State for Environment Admn 17-Dec-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 . .
Cited – Buckland and Buckland and Capel v Secretary of State for Environment Transport and Regions Admn 11-Jan-2000
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 . .
Cited – Marriott v Secretary of State for the Environment Admn 10-Oct-2000
Application to quash public footpath re-classification.
Held: Sullivan J quashed an order with regret but did not consider any alternative. . .
Cited – Applegarth v Secretary of State for Environment Transport and Regions Admn 28-Jun-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 . .
Cited – Rowley and Another v Secretary of State for Transport Local Government and the Regions Admn 24-May-2002
The inspector after holding an inquiry had confirmed the decision of the county council to make an order modifying the definitive map by the inclusion of a footpath over the objectors’ land.
Held: The decision by the Secretary of State . .
Cited – Todd, Bradley v The Secretary of State for Environment Food and Rural Affairs Admn 22-Jun-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 . .
Cited – Norman and Another v Secretary of State for the Environment, Food and Rural Affairs Admn 5-Jul-2006
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 . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 24 July 2022; Ref: scu.341226