Winchester College & Anor, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs

Winchester College & Anor, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs

Neither the Tilbury nor the Fosberry application was made in accordance with paragraph 1 of Schedule 14 to the 1981 Act because neither was accompanied by copies of the documentary evidence which the applicants wished to adduce. Therefore, the applications were not qualifying applications for the purposes of section 67(3) of the 2006 Act, and the public rights of way for mechanically propelled vehicles were not saved from extinguishment.

Parties
Appellant/claimant: Warden and Fellows of Winchester College; Appellant/claimant: Humphrey Feeds Limited; First Respondent/defendant: Hampshire County Council; Second Respondent/interested Party: Secretary of State for Environment, Food and Rural Affairs
Jurisdiction
England and Wales
Judgment Date
29 April 2008
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Judicial Review, Public Rights of Way, Statutory Interpretation, Extinguishment of Rights, Procedural Compliance
Administrative Law Environmental Law Land Law Judicial Review Public Rights of Way Statutory Interpretation Extinguishment of Rights Procedural Compliance

Case Brief

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Parties

Warden and Fellows of Winchester College

Appellant/claimant

Humphrey Feeds Limited

Appellant/claimant

Hampshire County Council

First Respondent/defendant

Secretary of State for Environment, Food and Rural Affairs

Second Respondent/interested Party

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether applications to modify the definitive map and statement (DMS) were made in accordance with paragraph 1 of Schedule 14 to the Wildlife and Countryside Act 1981 for the purposes of section 67(3) and (6) of the Natural Environment and Rural Communities Act 2006, thereby saving public rights of way for mechanically propelled vehicles from extinguishment.
  2. 2 Whether procedural defects in certificates of service under paragraph 2(3) of Schedule 14 to the 1981 Act rendered the Council's determination invalid.

Ratio Decidendi

Neither the Tilbury nor the Fosberry application was made in accordance with paragraph 1 of Schedule 14 to the 1981 Act because neither was accompanied by copies of the documentary evidence which the applicants wished to adduce. Therefore, the applications were not qualifying applications for the purposes of section 67(3) of the 2006 Act, and the public rights of way for mechanically propelled vehicles were not saved from extinguishment.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed in relation to both applications.