Winchester College & Anor, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs [2008] EWCA Civ 431 (29 April 2008)

Winchester College & Anor, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs [2008] EWCA Civ 431 (29 April 2008)

Neither application was made in accordance with all requirements of paragraph 1 of Schedule 14; therefore, neither was a qualifying application for the purposes of section 67(3) of the 2006 Act, and rights for mechanically propelled vehicles were not saved from extinguishment.

Citation
[2008] EWCA Civ 431
Parties
Appellants/claimants: Warden and Fellows of Winchester College and 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 / Court of Appeal (civil Division)
Outcome
Appeal allowed
Legal Topics
Public Rights of Way, Definitive Map Modification, Extinguishment of Vehicular Rights, Statutory Interpretation, Procedural Compliance
Administrative Law Environmental Law Property Law Public Rights of Way Definitive Map Modification Extinguishment of Vehicular Rights Statutory Interpretation Procedural Compliance

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Parties

Warden and Fellows of Winchester College and Humphrey Feeds Limited

Appellants/claimants

Hampshire County Council

First Respondent/defendant

Secretary of State for Environment, Food and Rural Affairs

Second Respondent/interested Party

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether applications to modify the definitive map were made in accordance with paragraph 1 of Schedule 14 to the Wildlife and Countryside Act 1981 for the purposes of section 67(3) of the Natural Environment and Rural Communities Act 2006
  2. 2 Whether procedural defects in certificates of service invalidate determinations under Schedule 14

Ratio Decidendi

Neither application was made in accordance with all requirements of paragraph 1 of Schedule 14; therefore, neither was a qualifying application for the purposes of section 67(3) of the 2006 Act, and rights for mechanically propelled vehicles were not saved from extinguishment.

Court Disposition

Appeal allowed

Orders

  • Rights for mechanically propelled vehicles over Chilcomb Bridleway 3 and Twyford RUPP 16 are extinguished under section 67(1) of the 2006 Act.
  • Council's determination based on non-compliant applications does not save vehicular rights.