R v Dorset County Council

R v Dorset County Council

A map accompanying an application under section 53(5) of the Wildlife and Countryside Act 1981 satisfies the statutory requirement if it is presented at a scale of not less than 1:25,000, regardless of whether it is an enlargement of a smaller scale map. The statutory language does not require the map to be originally drawn at that scale, and the purpose of the requirement is to ensure clarity for the authority. Therefore, the applications in question were valid and the appeal is dismissed.

Parties
Respondents: Trail Riders Fellowship and another; Appellant: Dorset County Council; Intervener: Graham Plumbe (for Green Lanes Protection Group and affected landowners)
Jurisdiction
England and Wales
Judgment Date
18 March 2015
Procedural Posture
Judicial Review / Supreme Court Appeal From Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Public Rights of Way, Statutory Interpretation, Judicial Review, Wildlife and Countryside Act 1981, Natural Environment and Rural Communities Act 2006
Administrative Law Environmental Law Land Law Public Rights of Way Statutory Interpretation Judicial Review Wildlife and Countryside Act 1981 Natural Environment and Rural Communities Act 2006

Case Brief

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Parties

Trail Riders Fellowship and another

Respondents

Dorset County Council

Appellant

Graham Plumbe (for Green Lanes Protection Group and affected landowners)

Intervener

Procedural Posture

Judicial Review / Supreme Court Appeal From Court of Appeal

Legal Issues

  1. 1 Whether a map accompanying an application under section 53(5) of the Wildlife and Countryside Act 1981 must be originally drawn to a scale of not less than 1:25,000, or whether an enlarged copy from a smaller scale suffices
  2. 2 Whether strict compliance with the formal requirements of Schedule 14 to the 1981 Act is required for an application to be valid for the purposes of section 67(6) of the Natural Environment and Rural Communities Act 2006

Ratio Decidendi

A map accompanying an application under section 53(5) of the Wildlife and Countryside Act 1981 satisfies the statutory requirement if it is presented at a scale of not less than 1:25,000, regardless of whether it is an enlargement of a smaller scale map. The statutory language does not require the map to be originally drawn at that scale, and the purpose of the requirement is to ensure clarity for the authority. Therefore, the applications in question were valid and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Dorset County Council is dismissed.
  • The applications for modification orders under section 53(5) of the Wildlife and Countryside Act 1981 are valid.