Fortune & Ors v Wiltshire Council & Anor [2010] EWHC B33 (Ch) (12 October 2010)

Fortune & Ors v Wiltshire Council & Anor [2010] EWHC B33 (Ch) (12 October 2010)

Rowden Lane (Sections A and B) is a public vehicular highway by virtue of common law dedication and acceptance, supported by extensive historical and user evidence, and/or by statutory dedication under s.31 Highways Act 1980. The highway extends 'hedge to hedge', including the verges. The relevant list under s.36(6) Highways Act 1980 was compliant, and public vehicular rights were not extinguished by s.67 of the Natural Environment and Rural Communities Act 2006.

Citation
[2010] EWHC B33 (Ch)
Parties
Claimant: Vera Mary Ann Fortune; Claimant: Rosemary Phoebe Ayres; Claimant: John Stewart Heselden; First Defendant: Wiltshire Council; Second Defendant: Taylor Wimpey
Jurisdiction
England and Wales
Judgment Date
12 October 2010
Procedural Posture
Civil Chancery Division / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Highways, Public Rights of Way, Dedication and Acceptance of Highways, Statutory Dedication, Width of Highway, Extinguishment of Vehicular Rights, Natural Environment and Rural Communities Act 2006, Highways Act 1980
Property Law Administrative Law Planning Law Highways Public Rights of Way Dedication and Acceptance of Highways Statutory Dedication Width of Highway +3 more

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Parties

Vera Mary Ann Fortune

Claimant

Rosemary Phoebe Ayres

Claimant

John Stewart Heselden

Claimant

Wiltshire Council

First Defendant

Taylor Wimpey

Second Defendant

Procedural Posture

Civil Chancery Division / Judgment After Trial

Legal Issues

  1. 1 Whether Rowden Lane is a public vehicular highway (PVH) or limited to bridleway/footpath rights
  2. 2 If Rowden Lane is a PVH, by what means did it acquire that status (common law dedication, statutory dedication under s.31 Highways Act 1980)
  3. 3 What is the width of the highway—does it include verges or only the metalled carriageway

Ratio Decidendi

Rowden Lane (Sections A and B) is a public vehicular highway by virtue of common law dedication and acceptance, supported by extensive historical and user evidence, and/or by statutory dedication under s.31 Highways Act 1980. The highway extends 'hedge to hedge', including the verges. The relevant list under s.36(6) Highways Act 1980 was compliant, and public vehicular rights were not extinguished by s.67 of the Natural Environment and Rural Communities Act 2006.

Court Disposition

Claim dismissed

Orders

  • Declaration that Rowden Lane (Sections A and B) is a public vehicular highway, including the verges ('hedge to hedge')
  • No extinguishment of public vehicular rights under NERC 2006