Powell & Anor v Secretary of State for Environment, Food & Rural Affairs & Anor [2009] EWHC 643 (Admin) (30 March 2009)

Powell & Anor v Secretary of State for Environment, Food & Rural Affairs & Anor [2009] EWHC 643 (Admin) (30 March 2009)

The refusal of an adjournment of the public inquiry into the Footpath Modification Order was a breach of the rules of natural justice, as the Claimants were denied a fair opportunity to prepare and present their case, resulting in substantial prejudice. The Inspector's decision was therefore outside the powers conferred by the 1981 Act and must be quashed.

Citation
[2009] EWHC 643 (Admin)
Parties
First Claimant: Mr Ainsley David Powell; Second Claimant: Ms Jane Shergar Irani; First Defendant: Secretary of State for Environment, Food and Rural Affairs; Second Defendant: Doncaster Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
30 March 2009
Procedural Posture
Judicial Review/statutory Appeal Under Paragraph 12 of Schedule 15 to the Wildlife and Countryside Act 1981 / High Court Judgment
Outcome
Order quashed
Legal Topics
Natural Justice, Procedural Fairness, Public Rights of Way, Footpath Modification Orders, Adjournment of Inquiry
Administrative Law Planning Law Public Law Natural Justice Procedural Fairness Public Rights of Way Footpath Modification Orders Adjournment of Inquiry

Case Brief

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Parties

Mr Ainsley David Powell

First Claimant

Ms Jane Shergar Irani

Second Claimant

Secretary of State for Environment, Food and Rural Affairs

First Defendant

Doncaster Metropolitan Borough Council

Second Defendant

Procedural Posture

Judicial Review/statutory Appeal Under Paragraph 12 of Schedule 15 to the Wildlife and Countryside Act 1981 / High Court Judgment

Legal Issues

  1. 1 Whether the refusal of an adjournment of a public inquiry into a Footpath Modification Order was a breach of natural justice
  2. 2 Whether there was evidence before the Inspector to support the specified width of the footpath

Ratio Decidendi

The refusal of an adjournment of the public inquiry into the Footpath Modification Order was a breach of the rules of natural justice, as the Claimants were denied a fair opportunity to prepare and present their case, resulting in substantial prejudice. The Inspector's decision was therefore outside the powers conferred by the 1981 Act and must be quashed.

Court Disposition

Order quashed

Orders

  • The decision of the Secretary of State for Environment, Food and Rural Affairs confirming the Footpath Modification Order is quashed.