Trail Riders Fellowship v Secretary of State for Environment, Food and Rural Affairs & Anor [2023] EWHC 900 (Admin) (20 April 2023)

Trail Riders Fellowship v Secretary of State for Environment, Food and Rural Affairs & Anor [2023] EWHC 900 (Admin) (20 April 2023)

The inspector did not make a reviewable mistake of fact regarding the 1951 map; the weight given to historical maps and the Greenwood map was a matter for her expertise; and her conclusion regarding the cul-de-sac issue was open to her on the evidence. No public law error was established in the inspector's approach or conclusions.

Citation
[2023] EWHC 900 (Admin)
Parties
Claimant: Trail Riders Fellowship; First Defendant: Secretary of State for Environment, Food and Rural Affairs; Second Defendant: Northumberland County Council
Jurisdiction
England and Wales
Judgment Date
20 April 2023
Procedural Posture
Judicial Review Application Under Paragraph 12 of Schedule 15 of the Wildlife and Countryside Act 1981 / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Definitive Map Modification Orders, Public Rights of Way, Judicial Review, Mistake of Fact, Weight of Historical Evidence, Interpretation of Historical Maps
Administrative Law Planning Law Public Law Definitive Map Modification Orders Public Rights of Way Judicial Review Mistake of Fact Weight of Historical Evidence +1 more

Case Brief

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Parties

Trail Riders Fellowship

Claimant

Secretary of State for Environment, Food and Rural Affairs

First Defendant

Northumberland County Council

Second Defendant

Procedural Posture

Judicial Review Application Under Paragraph 12 of Schedule 15 of the Wildlife and Countryside Act 1981 / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the inspector made a mistake of fact regarding the 1951 highway authority map and the status of the X-Y route
  2. 2 Whether the inspector failed to accord proper weight to pre-1931 maps and the Greenwood map's description of the route as 'cross roads'
  3. 3 Whether the inspector misdirected herself in law regarding the improbability of two vehicular cul-de-sacs if X-Y is a footpath only

Ratio Decidendi

The inspector did not make a reviewable mistake of fact regarding the 1951 map; the weight given to historical maps and the Greenwood map was a matter for her expertise; and her conclusion regarding the cul-de-sac issue was open to her on the evidence. No public law error was established in the inspector's approach or conclusions.

Court Disposition

Claim dismissed

Orders

  • Challenge to the inspector's decisions is refused; no modification to the order as confirmed by the inspector. Any consequential matters to be dealt with by written submissions within 14 days.