Under the section, the highway authority has duties when informed by a parish council that a highway has been unlawfully stopped. The highway authority must, ‘unless satisfied that the representations are incorrect’, take proper proceedings accordingly. It is not for the court to decide whether there is a public footpath or not: the question is whether there is sufficiently strong evidence on which the highway authority could reasonably have decided that a public footpath existed.
Citations:
(1979) 40 PandCR 390
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Mear and others v Cambridgeshire County Council ChD 20-Oct-2006
The claimants sought a declaration that a path over neighbouring land was a public vehicular highway as recorded by the respondents, and not a footpath as asserted by the owners, and that gates over the path infringed the public rights. The council . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 10 May 2022; Ref: scu.245551
