Mear & Ors v Cambridgeshire County Council [2006] EWHC 2554 (Ch) (20 October 2006)

Mear & Ors v Cambridgeshire County Council [2006] EWHC 2554 (Ch) (20 October 2006)

The status of the Yellow Land as a bridleway is conclusively determined by the definitive map and statement under section 56(1)(b) of the 1981 Act and cannot be challenged. The court is justified in making a declaration to that effect and ordering removal of Gate 2 as an obstruction. The status of the Red Land as a...

Source-derived case information.

Citation
[2006] EWHC 2554 (Ch)
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 / Final Hearing Following Interim Orders and Public Inquiry
Outcome
Partially allowed
Legal Topics
Public Rights of Way, Definitive Map Modification Orders, Highways Act 1980, Wildlife and Countryside Act 1981, Obstruction of Highways, Bridleways and Footpaths, Judicial Review, Declaratory Relief
Administrative Law Property Law Public Law Public Rights of Way Definitive Map Modification Orders Highways Act 1980 Wildlife and Countryside Act 1981 Obstruction of Highways +3 more

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Parties

Stephen Mear

Claimant

Stephen John Mear

Claimant

Elizabeth Audrey Mear

Claimant

Cambridgeshire County Council

Defendant

Procedural Posture

Civil / Final Hearing Following Interim Orders and Public Inquiry

Legal Issues

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

Ratio Decidendi

The status of the Yellow Land as a bridleway is conclusively determined by the definitive map and statement under section 56(1)(b) of the 1981 Act and cannot be challenged. The court is justified in making a declaration to that effect and ordering removal of Gate 2 as an obstruction. The status of the Red Land as a public highway is not conclusively determined and requires further evidence; thus, no final declaration is made regarding the Red Land at this stage. The gates on the Yellow Land constitute unauthorised obstructions and must be removed to ensure unobstructed bridleway access.

Court Disposition

Partially allowed

Orders

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