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 express purpose of recording public rights of way. Sullivan J quashed a modification order which had been confirmed by the inspector, saying: ‘It is a matter of considerable regret that I do not have power under the 1981 Act to remit the decision [sc of the inspector] for reconsideration. My only power is to quash the order. [Counsel for the Secretary of State] did not submit that I should decline to quash the order in the exercise of my discretion if I concluded that the Secretary of State had erred in law on either of the two grounds that I have identified. It follows that the order must be quashed and this lengthy process must be begun afresh.’
Judges:
Sullivan J
Citations:
[1998] EWHC Admin 820
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: 09 May 2022; Ref: scu.138941