Source: All England Reporter
Publisher Citation: [2007] All ER (D) 446 (Nov)
Neutral Citation: [2007] EWHC 2786 (Admin)
Court: Queen's Bench Division, Administrative Court
Judge:

George Bartlett QC sitting as a deputy judge of the High Court
Representation George Laurence QC and Ross Crail for the claimants.
  Timothy Mould QC for the local authority.
  John Litton for the Secretary of State.
Judgment Dates: 28 November 2007

Catchwords

Highway - Classification - Definitive map - Byway open to all traffic - Local authority making orders upgrading two rights of way to byways open to all traffic - Claimant landowners applying for judicial review of local authority's refusal to reconsider its decisions - Whether decisions unlawful as existing rights for mechanically propelled vehicles extinguished - Whether applications to upgrade invalid in absence of copies of documentary evidence and notice to relevant landowners -  14, paras 1, 2 - s 67(3)(b).

The Case

Where the claimant landowners applied for judicial review of the local authority's refusal to reconsider decisions by which it had upgraded two rights of way to byways open to all traffic, submitting that, on 2 May 2006, by virtue of the commencement of the relevant provisions of the any existing rights for mechanically propelled vehicles had been extinguished, the applications would be dismissed. Such rights for motor vehicles as had existed on 2 May 2006 had not been extinguished under s67 of the 2006 Act. They had been saved from extinction under s67(3) by the local authority's determinations, which had been valid determinations under s53 of the Act and Sch14 thereto, notwithstanding that the applications to upgrade the rights of way had been made in the absence of copies of documentary evidence and without notice to relevant landowners.

Practice Areas

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