Berry v Secretary of State for Environment [2006] EWHC 2498 (Admin) (25 September 2006)

Berry v Secretary of State for Environment [2006] EWHC 2498 (Admin) (25 September 2006)

The Inspector's conclusion that the claimant's statutory declaration and evidence form were legally insignificant (de minimis) due to proximity to the erection of the sign was irrational; the evidence established a sufficient interval to rebut the presumption of dedication under section 31(1) and (6) of the Highways Act 1980. The County Council's modified order was legally erroneous and must be quashed.

Citation
[2006] EWHC 2498 (Admin)
Parties
Claimant: Richard William Berry; Litigation Friend: Mrs M Masters; First Defendant: Secretary of State for Environment, Food and Rural Affairs; Second Defendant: Devon County Council
Jurisdiction
England and Wales
Judgment Date
25 September 2006
Procedural Posture
Statutory Appeal / Judgment
Outcome
Appeal allowed; order quashed.
Legal Topics
Public Rights of Way, Definitive Map Modification Orders, Highways Act 1980, Wildlife and Countryside Act 1981, Statutory Interpretation
Administrative Law Property Law Public Rights of Way Definitive Map Modification Orders Highways Act 1980 Wildlife and Countryside Act 1981 Statutory Interpretation

Case Brief

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Parties

Richard William Berry

Claimant

Mrs M Masters

Litigation Friend

Secretary of State for Environment, Food and Rural Affairs

First Defendant

Devon County Council

Second Defendant

Procedural Posture

Statutory Appeal / Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law in confirming the existence of a public right of way over the claimant's land under section 31 of the Highways Act 1980
  2. 2 Whether evidence submitted by the claimant rebutted the statutory presumption of dedication
  3. 3 Whether procedural and evidential requirements were met by Devon County Council and the Inspector

Ratio Decidendi

The Inspector's conclusion that the claimant's statutory declaration and evidence form were legally insignificant (de minimis) due to proximity to the erection of the sign was irrational; the evidence established a sufficient interval to rebut the presumption of dedication under section 31(1) and (6) of the Highways Act 1980. The County Council's modified order was legally erroneous and must be quashed.

Court Disposition

Appeal allowed; order quashed.

Orders

  • The County Council's modified order is quashed.
  • Detailed assessment of claimant's costs ordered in the absence of agreement.