Trail Riders' Fellowship & Anor, R (on the application of) v Dorset County Council

Trail Riders' Fellowship & Anor, R (on the application of) v Dorset County Council

The applications failed to comply with the statutory requirement because the maps submitted were not drawn to a scale of not less than 1:25,000 but were enlargements of 1:50,000 scale maps. This was not a minor or de minimis departure, and thus the applications were invalid.

Parties
Claimant: Trail Riders’ Fellowship; Claimant: David Leonard Tilbury; Defendant: Dorset County Council; Interested Party: Secretary of State for Environment, Food & Rural Affairs; Interested Party: Philip Graham Plumbe
Jurisdiction
England and Wales
Judgment Date
02 October 2012
Procedural Posture
Judicial Review / Judgment
Outcome
Claim dismissed
Legal Topics
Public Rights of Way, Definitive Map Modification Orders, Statutory Interpretation, Wildlife and Countryside Act Compliance, Natural Environment and Rural Communities Act Transitional Provisions
Administrative Law Environmental Law Public Rights of Way Definitive Map Modification Orders Statutory Interpretation Wildlife and Countryside Act Compliance Natural Environment and Rural Communities Act Transitional Provisions

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Parties

Trail Riders’ Fellowship

Claimant

David Leonard Tilbury

Claimant

Dorset County Council

Defendant

Secretary of State for Environment, Food & Rural Affairs

Interested Party

Philip Graham Plumbe

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the applications for modification orders were accompanied by maps drawn to the prescribed scale as required by paragraph 1 of Schedule 14 to the Wildlife and Countryside Act 1981
  2. 2 Whether the de minimis principle applies to non-compliance with the prescribed scale requirement

Ratio Decidendi

The applications failed to comply with the statutory requirement because the maps submitted were not drawn to a scale of not less than 1:25,000 but were enlargements of 1:50,000 scale maps. This was not a minor or de minimis departure, and thus the applications were invalid.

Court Disposition

Claim dismissed