Mear & Ors v Cambridgeshire County Council

Mear & Ors v Cambridgeshire County Council

The status of the Yellow Land as a public bridleway is conclusively determined by the definitive map and statement following the DMMOs and is not open to further challenge. The court therefore grants a declaration to that effect and orders removal of Gate 2 to ensure unobstructed bridleway access. The legal status of the Red Land as a public highway is not finally determined on this application; the issue remains for trial. Gates 1 and 3 are to remain pending trial or further order, but the stop on Gate 1 must be removed to allow reasonable access. The balance of convenience and public rights require these interim measures.

Parties
Claimant: Stephen Mear; Claimant: Stephen John Mear; Claimant: Elizabeth Audrey Mear; Defendant: Cambridgeshire County Council
Jurisdiction
England and Wales
Judgment Date
20 October 2006
Procedural Posture
Civil / Post Interlocutory Application for Final And/or Varied Orders Following Public Inquiry and Definitive Map Modification Orders
Outcome
Partial final orders granted; interim relief continued for remaining issues; matter transferred for trial.
Legal Topics
Highways, Rights of Way, Definitive Map Modification Orders, Obstruction of Highways, Public Inquiries
Administrative Law Property Law Public Law Highways Rights of Way Definitive Map Modification Orders Obstruction of Highways Public Inquiries

Case Brief

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Parties

Stephen Mear

Claimant

Stephen John Mear

Claimant

Elizabeth Audrey Mear

Claimant

Cambridgeshire County Council

Defendant

Procedural Posture

Civil / Post Interlocutory Application for Final And/or Varied Orders Following Public Inquiry and Definitive Map Modification Orders

Legal Issues

  1. 1 Whether the Red Land is a public highway, footpath, or bridleway
  2. 2 Whether the Yellow Land is a public bridleway
  3. 3 Whether the gates erected by the claimants constitute unlawful obstructions

Ratio Decidendi

The status of the Yellow Land as a public bridleway is conclusively determined by the definitive map and statement following the DMMOs and is not open to further challenge. The court therefore grants a declaration to that effect and orders removal of Gate 2 to ensure unobstructed bridleway access. The legal status of the Red Land as a public highway is not finally determined on this application; the issue remains for trial. Gates 1 and 3 are to remain pending trial or further order, but the stop on Gate 1 must be removed to allow reasonable access. The balance of convenience and public rights require these interim measures.

Court Disposition

Partial final orders granted; interim relief continued for remaining issues; matter transferred for trial.

Orders

  • Declaration that the Yellow Land is a public bridleway.
  • Order that Gate 2 be removed and unobstructed bridleway of 4 metres be provided at that point.