Shepherd and Shepherd v The Secretary of State For The Environment, Three Rivers District Council: CA 10 Oct 1997

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.
Lord Justice Simon Brown, Lord Justice Robert Walker, Lord Justice Buxton
[1997] EWCA Civ 2457
General Permitted Development Order 1995 Class B of Part 2 of Schedule, Road Traffic Act 1988 34(1)(b
England and Wales

Updated: 23 April 2021; Ref: scu.142855