000 02061cam a2200313 4500
001 ABS67982
008 040722n2004 000 0 eng u
035 _a(Sirsi) u126897
245 _aTodd and another v SoS Environment
260 _c2004
520 _a[2004] EWHC 1450 (Admin), 22 June 2004. Considered the extent to which the public had a right over a byway. The claimants (T) applied to quash Hampshire CC's (H) order under the Wildlife and Countryside Act 1981 s53(3)(c)(i) to include a way over land, in the form of a lane that had formed part of an estate, into a Byway Open to All Traffic (BOAT). T had interest in land over which the way ran. T did not object to the inclusion of the way on the definitive map of public rights of way, but objected to it being included as a BOAT. H's order had been confirmed by the defendant (E) who, under the Wildlife and Countryside Act 1981 s53(6) and Sched 15, had been satisfied on the balance of probabilities that the way subsisted. "Held": application granted on the grounds that the inspector had applied too low a standard of proof for the existence of a byway open to all traffic. View judgment at www.courtservice.gov.uk.
590 _aABS
590 _aABS
590 _aABS
650 _aTODD AND ANOTHER V SOS ENVIRONMENT, FOOD AND RURAL AFFAIRS
650 _aPUBLIC RIGHTS OF WAY
650 _aPUBLIC ACCESS
650 _aWILDLIFE AND COUNTRYSIDE ACT 1981
650 _aMAPS
650 _aPLANNING PROCEDURE
650 _aBYWAYS OPEN TO ALL TRAFFIC
650 _aNATIONAL PARKS AND ACCESS TO THE COUNTRYSIDE ACT 1949
650 _aCOUNTRYSIDE ACT 1968
690 _aBOUNDARIES, PARTY WALLS AND EASEMENTS-RIGHTS OF WAY-CASE LAW
856 _uhttps://www.courtservice.gov.uk/View.do?id=2607
_zView judgment on the Court Service website...
856 _uhttps://www.courtservice.gov.uk/View.do?id=2607
_zView judgment on the Court Service website...
856 _uhttps://www.courtservice.gov.uk/View.do?id=2607
_zView judgment on the Court Service website...
942 _n0
999 _c117750
_d117750