Devine & Anor v Welsh Ministers

Devine & Anor v Welsh Ministers

The inspector's decision was coherent and internally consistent, with clear findings of fact regarding the absence of fencing impeding access during the relevant period and a reasonable decision to give no weight to the 1987 Community Council map; thus, there was no proper basis for quashing the inspector's order.

Parties
Respondents: Devine & Anr; Appellants: Welsh Ministers
Jurisdiction
England and Wales
Judgment Date
29 June 2011
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Cardiff Civil Justice Centre
Outcome
Appeal allowed; inspector's decision reinstated.
Legal Topics
Public Rights of Way, Dedication of Highways, Judicial Review of Administrative Decisions, Evidentiary Standards in Public Inquiries
Administrative Law Property Law Public Rights of Way Dedication of Highways Judicial Review of Administrative Decisions Evidentiary Standards in Public Inquiries

Case Brief

Summary, issues, holding and outcome

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Parties

Devine & Anr

Respondents

Welsh Ministers

Appellants

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Cardiff Civil Justice Centre

Legal Issues

  1. 1 Whether the inspector erred in law in his findings regarding the existence and effect of fencing on the Order route during the relevant period for presumed dedication of a public footpath
  2. 2 Whether the inspector unreasonably failed to take account of a 1987 map produced by Llantrisant Community Council

Ratio Decidendi

The inspector's decision was coherent and internally consistent, with clear findings of fact regarding the absence of fencing impeding access during the relevant period and a reasonable decision to give no weight to the 1987 Community Council map; thus, there was no proper basis for quashing the inspector's order.

Court Disposition

Appeal allowed; inspector's decision reinstated.

Orders

  • The appeal is allowed.
  • The inspector's order confirming the addition of the footpath to the definitive map is upheld.