Berry v Secretary of State for Environment

Berry v Secretary of State for Environment

The Inspector erred in law by treating the interval between the landowner's evidence and the erection of the sign as legally insignificant (de minimis), despite evidence showing the sign was erected months after the statutory declaration. The statutory presumption of no intention to dedicate was not rebutted, and the modified order must be quashed.

Parties
Claimant: Richard William Berry; 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; modified order quashed
Legal Topics
Public Rights of Way, Definitive Map Modification, Statutory Presumption of Dedication, Highways Act Section 31, Wildlife and Countryside Act Section 53
Administrative Law Property Law Public Rights of Way Definitive Map Modification Statutory Presumption of Dedication Highways Act Section 31 Wildlife and Countryside Act Section 53

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Parties

Richard William Berry

Claimant

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 lawfully applied section 31 of the Highways Act 1980 regarding presumption of dedication of a public right of way
  2. 2 Whether evidence of landowner's intention not to dedicate was sufficient to rebut the presumption
  3. 3 Whether procedural requirements for making the modification order were followed

Ratio Decidendi

The Inspector erred in law by treating the interval between the landowner's evidence and the erection of the sign as legally insignificant (de minimis), despite evidence showing the sign was erected months after the statutory declaration. The statutory presumption of no intention to dedicate was not rebutted, and the modified order must be quashed.

Court Disposition

Appeal allowed; modified order quashed

Orders

  • Detailed assessment of claimant's costs unless agreed between parties
  • Permission to appeal refused