Image from Google Jackets

R (Warden of Winchester College and Humphrew Feeds Ltd) v Hampshire CC and SOS Environment [electronic resource]

Language: English Publication details: 2008Subject(s): Online resources: Summary: [2008] EWCA Civ 431, 29 April 2008. Considered the validity of a local authority's decision to grant rights of way to traffic. The appellant landowners (W) argued that the respondent local authority (H) had erred in updating a definitive map upgrading two rights of way. These were shown as a bridleway and a road used as a public path. W argued that any rights of access for open traffic were extinguished by the Natural Environment and Rural Communities Act 2006 s67(1). H had applied to retain these rights under the Wildlife and Countryside Act 1981 schedule 14. W submitted that this was invalid as H failed to supply a map and documentary evidence as required, and that the judge had erred in permitting H to waive these procedural matters. "Held": The application should have been made in strict and full accordance with the relevant paragraph. There was no reason to consider waiver of the need for the documentary evidence or map. It followed that W's applications were not fully qualified under schedule 14 of the 1981 Act. However on ordinary public law principles the decision had been correct that this did not render W's modification unlawful. Appeal allowed.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 143630-1001

[2008] EWCA Civ 431, 29 April 2008. Considered the validity of a local authority's decision to grant rights of way to traffic. The appellant landowners (W) argued that the respondent local authority (H) had erred in updating a definitive map upgrading two rights of way. These were shown as a bridleway and a road used as a public path. W argued that any rights of access for open traffic were extinguished by the Natural Environment and Rural Communities Act 2006 s67(1). H had applied to retain these rights under the Wildlife and Countryside Act 1981 schedule 14. W submitted that this was invalid as H failed to supply a map and documentary evidence as required, and that the judge had erred in permitting H to waive these procedural matters. "Held": The application should have been made in strict and full accordance with the relevant paragraph. There was no reason to consider waiver of the need for the documentary evidence or map. It followed that W's applications were not fully qualified under schedule 14 of the 1981 Act. However on ordinary public law principles the decision had been correct that this did not render W's modification unlawful. Appeal allowed.