000			01492cab a2200217 4500
001			ABS42709
008			090401t1990 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u38488
041			_aeng
245			_aDyfed CC v SoS for Wales
260			_c1990
350			_a0
490			_aProperty and Compensation Reports _v(1990) 59 PCR 275-282(8)
520			_aCA 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.
650			_aCASE LAW
650			_aHIGHWAYS
650			_aHIGHWAYS ACT S31 1
690			_aHIGHWAYS AND RIGHTS OF WAY-CASE LAW
942			_n0
948			_c04/03/1997
999			_c24737 _d24737