Judicial review of the decision by a review adjudicator to uphold a penalty notice issued by a local authority to the claimant for parking on a pavement forming part of a road. For part of its width, including the part where the vehicle had been parked, the pavement was owned by the claimant. The relevant definition of ‘road’ was the same as in the 1984 Act; it therefore included both highways and any other road to which the public had access. The review adjudicator upheld the penalty notice under the ‘highway’ limb, on the grounds that there had been a deemed dedication of the relevant part of the pavement as a highway. Having done so, the review adjudicator found it unnecessary to reach a decision under the ‘public access road’ limb. Fordham J allowed the claim for judicial review and remitted the matter for fresh consideration, essentially on the grounds that it had not been open to the review adjudicator to rely on a deemed dedication.
Mr Justice Fordham
 EWHC 811 (Admin),  4 WLR 134,  WLR(D) 539,  2 P and CR 15,  RTR 5
England and Wales
Cited – Bowen and Others v Isle of Wight Council ChD 3-Dec-2021
What makes a road a Road?
The Court was asked whether a Road was a ‘road’ for the purposes of the 1984 Act’
Held: It has often been said that the public access mentioned in the definition of ‘road’ must be both actual access and legal or lawful access. However, simple . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 December 2021; Ref: scu.649805