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 modification was opposed, she had to be satisfied on the balance of probabilities that the right subsisted. Evans-Lombe J quashed the order.
Judges:
The Hon Mr Justice Evans-Lombe The Hon Mr. Justice Moore-Bick
Citations:
[2004] EWHC 1450 (Admin), Times 06-Jul-2004, [2004] 1 WLR 2471, [2005] 2 PLR 1, [2004] 4 All ER 497
Links:
Statutes:
Wildlife and Countryside Act 1981 53 Sch15
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Secretary of State for the Environment ex parte Hood CA 1975
The court considered the nature of the 1949 Act: ‘The object of the statute is this: it is to have all our ancient highways mapped out, put on record and made conclusive, so that people can know what their rights are. Our old highways came into . .
Cited – Leicestershire County Council, Regina (on the Application of) v Secretary of State for the Environment, Food and Rural Affairs Admn 20-Jan-2003
Application was made to modfy the definitive map, moving a right of way by removing the right over one plot of land and creating another over other land. . .
Cited – Regina v Secretary of State for the Environment Ex Parte Bagshaw, Regina v Sane Ex Parte Norton and Bagshaw QBD 6-May-1994
Mr Bagshaw sought an order modifying the definitive map and statement to show a former mine track as a public right of way.
Held: A claimant seeking to establish a public path had to show evidence in support or that it was reasonable to make . .
Cited – Suffolk County Council v Mason HL 1979
The House considered the status of a pedestrian right of way through a caravan site to a beach, and the 1949 Act: ‘The sections which follow section 27 deal with the further steps which have to be taken before the definitive map is completed and . .
Cited – Eyre v New Forest Highway Board 1892
Wills J said: ‘All highways, all rights of passage over the property of individuals, have their actual or presumed origin, although it is not often the origin in point of fact, in a dedication by the owner of the soil, that is to say he either says . .
Cited – Fairmount Investments Ltd v Secretary of State for the Environment HL 1976
A local authority had made a compulsory purchase order which was challenged and an inquiry was held. The inspector, after the conclusion of the hearing, conducted his own inspection of the premises as a result of which he concluded that the . .
Cited – Shears Court (West Mersea) Management Company Ltd v Essex County Council ChD 1986
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. . .
Cited – Suffolk County Council v Mason HL 1979
The House considered the status of a pedestrian right of way through a caravan site to a beach, and the 1949 Act: ‘The sections which follow section 27 deal with the further steps which have to be taken before the definitive map is completed and . .
Cited by:
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: 04 June 2022; Ref: scu.198299