Winchester College, Warden & Fellows Of & Anor R (on the application of) v Food & Rural Affairs [2007] EWHC 2786 (Admin) (28 November 2007)

Winchester College, Warden & Fellows Of & Anor R (on the application of) v Food & Rural Affairs [2007] EWHC 2786 (Admin) (28 November 2007)

The Council was entitled to treat the applications as valid under section 53(5) and Schedule 14 of the 1981 Act, despite procedural defects in accompanying documents or notice, because the requirements for accompanying documents and notice are procedural and may be waived or remedied if the authority has all necessary information and all interested parties are ultimately notified and able to participate. The applications were not rendered invalid by the absence of copies of documentary evidence or by initial failures in notice, as these did not go to the jurisdiction to determine the applications. Therefore, the Council's refusal to reconsider its decision was lawful.

Citation
[2007] EWHC 2786 (Admin)
Parties
Claimant: The Warden and Fellows of Winchester College and Humphrey Feeds Limited; Defendant: Hampshire County Council; Interested Party: Secretary of State for Environment, Food and Rural Affairs
Jurisdiction
England and Wales
Judgment Date
28 November 2007
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Public Rights of Way, Definitive Map Modification Orders, Extinguishment of Rights for Mechanically Propelled Vehicles, Compliance With Statutory Notice Requirements, Interpretation of Section 67 Natural Environment and Rural Communities Act 2006
Administrative Law Environmental Law Property Law Public Rights of Way Definitive Map Modification Orders Extinguishment of Rights for Mechanically Propelled Vehicles Compliance With Statutory Notice Requirements Interpretation of Section 67 Natural Environment and Rural Communities Act 2006

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Parties

The Warden and Fellows of Winchester College and Humphrey Feeds Limited

Claimant

Hampshire County Council

Defendant

Secretary of State for Environment, Food and Rural Affairs

Interested Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether Hampshire County Council's refusal to reconsider its decision to make modification orders upgrading rights of way to byways open to all traffic was lawful in light of section 67 of the Natural Environment and Rural Communities Act 2006.
  2. 2 Whether the applications for modification orders were valid under section 53(5) and Schedule 14 of the Wildlife and Countryside Act 1981, particularly regarding form, accompanying documents, and notice requirements.
  3. 3 Whether procedural defects in notice or documentation invalidate the applications or the Council's determinations.

Ratio Decidendi

The Council was entitled to treat the applications as valid under section 53(5) and Schedule 14 of the 1981 Act, despite procedural defects in accompanying documents or notice, because the requirements for accompanying documents and notice are procedural and may be waived or remedied if the authority has all necessary information and all interested parties are ultimately notified and able to participate. The applications were not rendered invalid by the absence of copies of documentary evidence or by initial failures in notice, as these did not go to the jurisdiction to determine the applications. Therefore, the Council's refusal to reconsider its decision was lawful.

Court Disposition

Claim dismissed