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Kotarski and Another v Secretary of State for Environment, Food and Rural Affairs: Admn 13 May 2010

The applicant sought to challenge an enquiry resulting in the confirmation of of a public right of way across his land.
Simon J
[2010] EWHC 1036 (Admin)
Bailii
Wildlife and Countryside Rights of Way Act 1981
England and Wales
Citing:
CitedRegina v Secretary of State for the Environment ex parte Burrows and Simms CA 1990
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, . .
CitedTrevelyan (On Behalf Of Himself and The Ramblers Association) v The Secretary of State for The Environment, Transport and The Regions CA 23-Feb-2001
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 . .
CitedNorfolk County Council, Regina (on the Application Of) v Secretary of State for Environment, Food and Rural Affairs Admn 10-Feb-2005
The claimant sought to challenge the confirmation of a public footpath. Pitchford J described how the court should interpret the definitive map made under the 1981 Act: ‘The correct approach to interpretation of the definitive map and statement must . .

These lists may be incomplete.
Updated: 25 June 2021; Ref: scu.414963 br>

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