When someone objected to a public footpath order, the council has a discretion as to whether the case should be referred to the Secretary of State. In the absence of an obligation, the judicial review of the council’s decision not to make such a reference failed. The existence of the discretion was not inconsistent with the Human Rights Act 1998, had not been exercised irrationally.
Judges:
Michael Supperstone, QC
Citations:
Times 19-Dec-2001, [2001] EWHC Admin 1128
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appealed to – Regina (Hargrave and Another) v Stroud District Council CA 22-Jul-2002
The applicants had sought to vary a footpath to move it further away from their house. The parish council objected. The council had decided that it would be expedient under the Act to divert it, but went on to decide against a diversion and against . .
Cited by:
Appeal from – Regina (Hargrave and Another) v Stroud District Council CA 22-Jul-2002
The applicants had sought to vary a footpath to move it further away from their house. The parish council objected. The council had decided that it would be expedient under the Act to divert it, but went on to decide against a diversion and against . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 01 November 2022; Ref: scu.167108
