Are vehicular rights extinguished on a reclassification of a RUPP under the Countryside Act 1968?
Language: English Series: EMIS Property Service ; 3(9) September 2005, 11-13(3)Publication details: 2005Subject(s):- NATIONAL PARKS AND ACCESS TO THE COUNTRYSIDE ACT 1949 S27(6)
- NATIONAL PARKS AND ACCESS TO THE COUNTRYSIDE ACT 1949 S32(4)(B)
- COUNTRYSIDE ACT 1968 SCHED 3 PARA 10
- PEARSON V SOS FOR ENVIRONMENT
- FOWLER V SOS FOR ENVIRONMENT AND DEVON CC
- NATIONAL PARKS AND ACCESS TO THE COUNTRYSIDE ACT 1949 S27(6)
- WILDLIFE AND COUNTRYSIDE ACT 1981 S54
- R V SOS ENVIRONMENT EX P RILEY
- R V SOS ENVIRONMENT EX P HOOD
- COUNTRYSIDE AND RIGHTS OF WAY ACT 2000 S47
- R V SOS ENVIRONMENT, FOOD AND RURAL AFFAIRS EX P KIND
- Boundary disputes
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L131064 (Browse shelf(Opens below)) | 1 | Available | 131064-1001 |
Considers whether roads used as a public path (RUPPs) as defined in the National Parks and Access to Countryside Act 1949 continue to be subject to vehicular rights when a RUPP is reclassified under the Countryside Act 1968. The current law set out in the Wildlife and Countryside Act 1981 S54 imposes a duty on the highway authority to reclassify RUPPs on the basis of rights which are shown to exist. Looks at "R v SOS for Environment, Food and Rural Affairs ex p Kind" ([2005 EWHC 1324 (Admin), L130404) which held that reclassification of a bridleway did not extinguish vehicular rights and that a modification order could be made under s53 of the 1981 Act on the basis of evidence showing that public vehicular rights existed over the route before reclassification. The duty to reclassify will cease when the Countryside and Rights of Way Act 2000 s47 comes into force.