Dyfed CC v SoS for Wales
Dyfed CC v SoS for Wales
- 1990
- Property and Compensation Reports (1990) 59 PCR 275-282(8) .
CA 30 November 1989 Appeal by council (D) against a High Court decision dismissing an application to quash an order made by the SoS, in which he confirmed with amendments, a modification order to a map made by D on 1 April 1986 under Wildlife and Countryside Act 1981 s53 which showed a public right of way around a lake . The inspector had concluded that there was no public right of way as the path was used only for recreation al purposes and not for passage and had confirmed the modification subject to that amendment. CA held that if the Inspector had found that the path was used for "pure" recreational walking , such use could give rise to a presumption of dedication of path as a public right of way . However, in the present case the inspector had not dealt with the evidence that the path was used solely for walking, making it impossible to say whether his decision was right in law. The appeal would therefore be allowed and the order quashed.
CASE LAW
HIGHWAYS
HIGHWAYS ACT S31 1
CA 30 November 1989 Appeal by council (D) against a High Court decision dismissing an application to quash an order made by the SoS, in which he confirmed with amendments, a modification order to a map made by D on 1 April 1986 under Wildlife and Countryside Act 1981 s53 which showed a public right of way around a lake . The inspector had concluded that there was no public right of way as the path was used only for recreation al purposes and not for passage and had confirmed the modification subject to that amendment. CA held that if the Inspector had found that the path was used for "pure" recreational walking , such use could give rise to a presumption of dedication of path as a public right of way . However, in the present case the inspector had not dealt with the evidence that the path was used solely for walking, making it impossible to say whether his decision was right in law. The appeal would therefore be allowed and the order quashed.
CASE LAW
HIGHWAYS
HIGHWAYS ACT S31 1