Where a public byway was defined as such under the Act, it was intended that the highway should be shown as such on the definitive map. The fact, if it was such, that a byway had fallen into disuse was not an indication that it should be omitted from the map. The purpose of the Act was precisely to protect little used byways, by recording them, and not by deleting them. Roch LJ: ‘[The] provisions [of Paragraph 10] were not re-enacted in the 1981 Act because, as Mr Laurence conceded, it was thought by Parliament that those provisions conflicted with the common law rule that, once the public have a right of way of a certain type over land, then in order to extinguish or even vary such a right, intervention by statute, either directly or indirectly, should be necessary.’
Judges:
Roch LJ
Citations:
Times 12-Sep-2000, Gazette 14-Sep-2000, [2000] EWCA Civ 249, [2000] 4 PLR 134
Links:
Statutes:
Wildlife and Countryside Act 1961 66(1)
Jurisdiction:
England and Wales
Cited by:
Cited – Kind, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs Admn 27-Jun-2005
The applicant challenged a refusal to confirm a draft order recognising a road used as a path as a byway open to all traffic.
Held: The challenge succeeded. The path had been shown under the 1948 Act as a road used as a public path. The . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 31 May 2022; Ref: scu.147282