The inspector after holding an inquiry had confirmed the decision of the county council to make an order modifying the definitive map by the inclusion of a footpath over the objectors’ land.
Held: The decision by the Secretary of State (through the inspector) to confirm the county council’s order was made contrary to law. He quashed the confirmation of the order ‘with the consequence that the modification of the definitive plan and statement resulting from that confirmation shall not take effect.’
Judges:
Elias J
Citations:
[2002] EWHC 1040 (Admin), [2003] 2 PandCR 27
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Hicks Developments Ltd v Chaplin and others ChD 5-Feb-2007
The defendants had succeeded in an application before the Land Registry adjudicator for a strip of land adjoining their property to be registered in their name after a finding that they had successfully established a claim by adverse possession. The . .
Cited – Jones v Welsh Assembly Government Admn 15-Dec-2008
The County Council had made an order under section 53, establishing a footpath over the claimant’s land. The land owner now appealed. The court had previously quashed the inspector’s decision on the basis that he had not allowed for the interruption . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 22 May 2022; Ref: scu.172262