The court considered the effect of a reclassification of a road under the 1968 Act.
Held: Reclassification as a bridleway left open the possible existence of public vehicular rights since the 1968 Act had left the effect of the proviso in section 32(4)(b) in th e1949 Act unaltered and contained no positive word about extinguishment save for the one reference in Paragraph 10(c).
Judges:
Macpherson J
Citations:
[1990] 59 P and CR 1
Statutes:
National Parks and Access to the hcountryside Act 1948, Countryside Act 1968
Jurisdiction:
England and Wales
Citing:
Disapproved – Regina v Secretary of State for the Environment ex parte Hood CA 1975
The court considered the nature of the 1949 Act: ‘The object of the statute is this: it is to have all our ancient highways mapped out, put on record and made conclusive, so that people can know what their rights are. Our old highways came into . .
Cited by:
Cited – Kind, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs Admn 27-Jun-2005
The applicant challenged a refusal to confirm a draft order recognising a road used as a path as a byway open to all traffic.
Held: The challenge succeeded. The path had been shown under the 1948 Act as a road used as a public path. The . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 01 December 2022; Ref: scu.229816