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 reconsideration. Leading counsel for the objectors thereupon submitted that the consequence of the decision was that the order was quashed; that there was no order and that the council had to consider whether to start again. Counsel for the Secretary of State did not suggest otherwise.
Judges:
Collins J
Citations:
[2006] EWHC 1881 (Admin)
Links:
Statutes:
Wildlife and Countryside Act 1981
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: 07 July 2022; Ref: scu.244124