McLeish & Anor v Secretary of State for Environment, Food and Rural Affairs & Anor [2024] EWHC 532 (Admin) (14 March 2024)

McLeish & Anor v Secretary of State for Environment, Food and Rural Affairs & Anor [2024] EWHC 532 (Admin) (14 March 2024)

The inspector applied the correct legal approach by starting with the presumption against change to the definitive map and statement as modified, considered all relevant evidence including historical maps and records, and reached rational conclusions supported by the evidence; the claimants' grounds failed to demonstrate any error of law, failure to consider material evidence, or irrationality.

Citation
[2024] EWHC 532 (Admin)
Parties
Claimant: Mr Derren McLeish; Claimant: Mrs Kathryn Joan McLeish; First Defendant: The Secretary of State for Environment Food and Rural Affairs; Second Defendant: Kent County Council
Jurisdiction
England and Wales
Judgment Date
14 March 2024
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Definitive Map Modification Orders, Public Rights of Way, Wildlife and Countryside Act 1981, Judicial Review, Statutory Interpretation
Administrative Law Planning Law Public Law Definitive Map Modification Orders Public Rights of Way Wildlife and Countryside Act 1981 Judicial Review Statutory Interpretation

Case Brief

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Parties

Mr Derren McLeish

Claimant

Mrs Kathryn Joan McLeish

Claimant

The Secretary of State for Environment Food and Rural Affairs

First Defendant

Kent County Council

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the inspector failed to direct herself on the evidential weight of the 1952 Definitive Map and Statement under section 56 of the Wildlife and Countryside Act 1981
  2. 2 Whether the inspector failed to identify and reason the primary question of the correct alignment of the footpath
  3. 3 Whether the inspector failed to properly consider and weigh relevant evidential material

Ratio Decidendi

The inspector applied the correct legal approach by starting with the presumption against change to the definitive map and statement as modified, considered all relevant evidence including historical maps and records, and reached rational conclusions supported by the evidence; the claimants' grounds failed to demonstrate any error of law, failure to consider material evidence, or irrationality.

Court Disposition

Claim dismissed