Trevelyan v Secretary Of State For Environment, Transport & Regions [2000] EWHC Admin 282 (24 January 2000)

Trevelyan v Secretary Of State For Environment, Transport & Regions [2000] EWHC Admin 282 (24 January 2000)

The statutory question is whether evidence, when considered with all other relevant evidence, shows that there is no public right of way over the relevant land. No assumptions or presumptions are permitted; the authority must evaluate all available evidence and reach a rational conclusion. The inspector's decision to confirm deletion, save for a short stretch, was lawful and within statutory powers.

Citation
[2000] EWHC Admin 282
Parties
Applicant: Ramblers Association (Applicant); Respondent: Lancashire County Council (Respondent)
Jurisdiction
England and Wales
Judgment Date
24 January 2000
Procedural Posture
Judicial Review / Statutory Appeal / High Court Judgment and Application for Leave to Appeal
Outcome
Application dismissed; leave to appeal refused.
Legal Topics
Rights of Way, Definitive Map Modification, Burden of Proof, Wildlife and Countryside Act 1981
Administrative Law Property Law Rights of Way Definitive Map Modification Burden of Proof Wildlife and Countryside Act 1981

Case Brief

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Parties

Ramblers Association (Applicant)

Applicant

Lancashire County Council (Respondent)

Respondent

Procedural Posture

Judicial Review / Statutory Appeal / High Court Judgment and Application for Leave to Appeal

Legal Issues

  1. 1 Whether the deletion of bridleway 8 from the definitive map was lawful under Section 53 of the Wildlife and Countryside Act 1981
  2. 2 What evidential standard applies to deletion of rights of way from definitive maps
  3. 3 Whether anomalies resulting from deletion preclude deletion as a matter of principle

Ratio Decidendi

The statutory question is whether evidence, when considered with all other relevant evidence, shows that there is no public right of way over the relevant land. No assumptions or presumptions are permitted; the authority must evaluate all available evidence and reach a rational conclusion. The inspector's decision to confirm deletion, save for a short stretch, was lawful and within statutory powers.

Court Disposition

Application dismissed; leave to appeal refused.

Orders

  • Order for costs in favour of Respondent, subject to detailed assessment.
  • Leave to appeal refused.