The applicants appealed against an enforcement notice. They had constructed a vehicular access to their cottage over the site of a footpath. They claimed it was permitted as the construction of access to the highway.
Held: The construction of such a drive over a public footpath could be an offence under the Road Traffic Act. The permission under the order could not be extended so as to allow alteration of or interference with public rights. The right to create access cannot be allowed to create something which would itself be a highway.
Judges:
Lord Justice Simon Brown, Lord Justice Robert Walker, Lord Justice Buxton
Citations:
[1997] EWCA Civ 2457
Statutes:
General Permitted Development Order 1995 Class B of Part 2 of Schedule, Road Traffic Act 1988 34(1)(b
Jurisdiction:
England and Wales
Planning
Updated: 09 November 2022; Ref: scu.142855
