Residents claimed a right to use a way over the plaintiff’s land as access to a beach. The County Council after representation by the residents instituted proceedings under the 1981 Act having concluded that there was a public right of way. Meanwhile the plaintiff landowner issued a writ seeking a declaration that no public footpath existed over its land. The County Council sought to have the writ struck out.
Held:- ‘There is nothing in these cases which supports the contention that once the procedure of the Act of 1981 is under way but not yet completed there is no right to bring a question concerning the alleged right of way before the court. That such an action may be stayed is one thing, but to say that it should be struck out is entirely without foundation.’ He therefore declined to strike it out but ordered the proceedings under it to be stayed pending resolution of the local authority’s enquiries and determinations under the 1981 Act.
Judges:
Prosser QC
Citations:
[1986] 85 LGR 479
Statutes:
Wildlife and Countryside Act 1981 53
Jurisdiction:
England and Wales
Cited by:
Cited – Todd, Bradley v The Secretary of State for Environment Food and Rural Affairs Admn 22-Jun-2004
Application was made to quash an order modifying the Council’s definitive map of public rights of way.
Held: Before the Secretary of State could confirm a Council’s modification of a right of way shown on the definitive map, where that . .
Lists of cited by and citing cases may be incomplete.
Local Government, Land
Updated: 09 December 2022; Ref: scu.199322