000 01999cad a22002175a 4500
001 L143630
008 080522e20080429xxk f 000 0 eng d
035 _a(Sirsi) u143630
041 0 _aeng
245 0 0 _aR (Warden of Winchester College and Humphrew Feeds Ltd) v Hampshire CC and SOS Environment
_h[electronic resource]
260 _c2008
520 _a[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.
590 _aKA
650 2 4 _aR (WARDEN OF WINCHESTER COLLEGE AND HUMPHREY FEEDS LTD) V HAMPSHIRE CC AND SOS ENVIRONMENT
650 2 4 _aNATURAL ENVIRONMENT AND RURAL COMMUNITIES ACT 2006 S67
650 2 4 _aWILDLIFE AND COUNTRYSIDE ACT 1981 SCH14
651 4 _aEngland and Wales
_y1543-
690 _aBoundary disputes
_96221
856 4 0 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2008/431.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c80249
_d80249