O`Keefe v SoS Environment and Isle of Wight CC
O`Keefe v SoS Environment and Isle of Wight CC
- 1996
- Journal of Planning and Environment Law 1996 JPL 42-60(19) .
QBD 24 June 1994. Definitive map - modification order - ss53-54 Wildlife and Countryside Act 1981 - Sch 15 requirements - owners of land objected to Order - proposed public inquiry - objection withdrawn - decision on confirmation of Order by SoS - judicial review of confirmation - power of SoS to confirm following withdrawal of formal objection - no inquiry held - objection withdrawn to enable confirmation of Order for judicial review proceedings - no prejudice to applicants - requirement for definitive map and statement - what constituted the statement-record records -no particular form stipulated for the statement - specified event under s53 - procedures adopted in making the Order -analysis of evidence of intention-consideration of meaning of use "as of right" proof of dedication-user as of light meant user which was not only nec vi clam, nec precario but was in the honest belief in a legal right to use-Council had correctly considered all the evidence and were not misdirected-app
DEFINITIVE MAP
MODIFICATION ORDERS
WILDLIFE AND OCUNTRYSIDE ACT 1981
QBD 24 June 1994. Definitive map - modification order - ss53-54 Wildlife and Countryside Act 1981 - Sch 15 requirements - owners of land objected to Order - proposed public inquiry - objection withdrawn - decision on confirmation of Order by SoS - judicial review of confirmation - power of SoS to confirm following withdrawal of formal objection - no inquiry held - objection withdrawn to enable confirmation of Order for judicial review proceedings - no prejudice to applicants - requirement for definitive map and statement - what constituted the statement-record records -no particular form stipulated for the statement - specified event under s53 - procedures adopted in making the Order -analysis of evidence of intention-consideration of meaning of use "as of right" proof of dedication-user as of light meant user which was not only nec vi clam, nec precario but was in the honest belief in a legal right to use-Council had correctly considered all the evidence and were not misdirected-app
DEFINITIVE MAP
MODIFICATION ORDERS
WILDLIFE AND OCUNTRYSIDE ACT 1981