R v SoS Environment ex parte Smith and Deller

R v SoS Environment ex parte Smith and Deller - 1995 - Journal of Planning and Environment Law 1995 JPL 42-52(11) .

QBD 26 May 1993. Definitive map modification order - made by County Council - no grounds for making the order - no right of way as claimed existed - order quashed - costs application - refused - Circular 2/87 - Part I costs in respect of appeals and othet planning procedures - Part II analogous orders - distinction between Parts I & II - pro-active and re-active position - was a modification order analogous to compulsory purchase orders? - did the council act unreasonably? - `Mercury` sense - decision relating to no award of costs.


DEFINITIVE MAP MODIFICATION ORDER 1988
DOE CIRCULAR 02/1987
RIGHT OF WAY