The Council sought to close a footpath on the basis that it was encouraging anti-social behaviour. The Association challenged the closure.
Held: Before making such an order the authority had to follow the statutory procedures, including considering whether a lesser order might achieve the required effect. In this case the authority had followed the procedure and taken into account the relevant considerations and the order was confrimed.
Judges:
Mr Michael Supperstone, QC
Citations:
[2008] EWHC 796 (Admin), Times 27-May-2008
Links:
Statutes:
Highways Act 1980 8A, Clean Neighbourhoods and Environment Act 2005, Highways Act 1980 (Gating Orders) (England) Regulations 2006
Jurisdiction:
England and Wales
Land, Local Government
Updated: 28 May 2022; Ref: scu.271226
