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 referring the decision to the Secretary of State. The land owner appealed a decision upholding the council’s decision
Held: The Act left discretions with the Local Authority, both as to whether to order the footpath to be diverted and as to whether the question was to be referred to the Secretary of State, even after it had decided that it would be expedient to move it. It had no duty to make the order particularly where there were sustained objections.
Judges:
Schiemann LJ, Buxton LJ and Longmore LJ
Citations:
Times 05-Aug-2002, [2002] EWCA Civ 1281, [2003] JPL 351, [2003] 1 P and CR 1
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina (Hargrave and Another) v Stroud District Council Admn 7-Dec-2001
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 . .
Cited by:
Appealed to – Regina (Hargrave and Another) v Stroud District Council Admn 7-Dec-2001
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 . .
Cited – Regina (Ashbrook) v East Sussex County Council CA 20-Nov-2002
The claimant complained that the respondent had failed properly to secure removal of an admitted obstruction to a public footpath. The landowner had applied for a diversion of the footpath, which the respondent recommended for adoption, but the . .
Lists of cited by and citing cases may be incomplete.
Land, Local Government, Land
Updated: 20 August 2022; Ref: scu.174698