Case news: Alan Douglas Kind v Secretary of State for Environment, Food and Rural Affairs
Gordon, Warren
Case news: Alan Douglas Kind v Secretary of State for Environment, Food and Rural Affairs - 2005 - Property Week 70(28) 15 July 2005, 82(1) .
Considers "Kind v SoS Environment, Food and Rural Affairs" ([2005] EWHC 1324 (Admin), [2005] npc 83) concerning a successful challenge to the SoS's decision to refuse to reclassify a lane as a byway open to all traffic. The Trail Riders Fellowship, a trail riding organisation, had been using a Wiltshire lane known as Preshute 12 as a motorcycling track but the issue arose as to whether vehicles should be allowed to use the lane. In 1970, the 1950 definitive map showing Preshute 12 as a highway used by the public including vehicular use was redrawn to show it as a lane unsuitable for vehicles. Wiltshire County Council modified the map in February 2003 to show the lane as a byway open to all traffic again. After public objection an inspector refused to confirm the modification but the court held that vehicular rights were not extinguished and quashed the inspector's decision.
R V SOS ENVIRONMENT, FOOD AND RURAL AFFAIRS EX P NUNN
NATIONAL PARKS AND ACCESS TO COUNTRYSIDE ACT 1949
COUNTRYSIDE ACT 1968
Case news: Alan Douglas Kind v Secretary of State for Environment, Food and Rural Affairs - 2005 - Property Week 70(28) 15 July 2005, 82(1) .
Considers "Kind v SoS Environment, Food and Rural Affairs" ([2005] EWHC 1324 (Admin), [2005] npc 83) concerning a successful challenge to the SoS's decision to refuse to reclassify a lane as a byway open to all traffic. The Trail Riders Fellowship, a trail riding organisation, had been using a Wiltshire lane known as Preshute 12 as a motorcycling track but the issue arose as to whether vehicles should be allowed to use the lane. In 1970, the 1950 definitive map showing Preshute 12 as a highway used by the public including vehicular use was redrawn to show it as a lane unsuitable for vehicles. Wiltshire County Council modified the map in February 2003 to show the lane as a byway open to all traffic again. After public objection an inspector refused to confirm the modification but the court held that vehicular rights were not extinguished and quashed the inspector's decision.
R V SOS ENVIRONMENT, FOOD AND RURAL AFFAIRS EX P NUNN
NATIONAL PARKS AND ACCESS TO COUNTRYSIDE ACT 1949
COUNTRYSIDE ACT 1968