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 public rights by adding a public footpath which runs from the car park at Crowlink to a junction with the South Downs Way at Flagstaff Point at Friston across land owned by the National Trust. It was conceded by the Secretary of State that that his decision could not stand, but the parties disagreed as to the grounds on which it might be quashed.
Held: Kay J considered the grounds to assist the County Council in considering whether a fresh order should be made in an attempt to avoid further litigation.
Judges:
Kay J
Citations:
[1998] EWHC Admin 1142, [1999] JPL 697, [1998] NPC 166, [1999] COD 235
Links:
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.
Environment, Land
Updated: 03 February 2022; Ref: scu.139264