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

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

A map produced to a scale of 1:25,000, even if digitally enlarged from a 1:50,000 original, satisfies the statutory requirements of Schedule 14 of the Wildlife and Countryside Act 1981, provided it is a map and shows the way or ways to which the application relates.

Parties
Appellant: Trail Riders Fellowship; Appellant: David Leonard Tilbury; Respondent: Dorset County Council; Respondent: Secretary of State for the Environment, Food and Rural Affairs; Respondent: Mr Graham Plumbe
Jurisdiction
England and Wales
Judgment Date
20 May 2013
Procedural Posture
Judicial Review Appeal / Appeal From Administrative Court
Outcome
Appeal allowed
Legal Topics
Public Rights of Way, Statutory Interpretation, Definitive Maps, Wildlife and Countryside Act 1981
Administrative Law Land Law Public Rights of Way Statutory Interpretation Definitive Maps Wildlife and Countryside Act 1981

Case Brief

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Parties

Trail Riders Fellowship

Appellant

David Leonard Tilbury

Appellant

Dorset County Council

Respondent

Secretary of State for the Environment, Food and Rural Affairs

Respondent

Mr Graham Plumbe

Respondent

Procedural Posture

Judicial Review Appeal / Appeal From Administrative Court

Legal Issues

  1. 1 Whether a computer-generated map enlarged to 1:25,000 scale from a 1:50,000 original satisfies the statutory requirement under Schedule 14 of the Wildlife and Countryside Act 1981.

Ratio Decidendi

A map produced to a scale of 1:25,000, even if digitally enlarged from a 1:50,000 original, satisfies the statutory requirements of Schedule 14 of the Wildlife and Countryside Act 1981, provided it is a map and shows the way or ways to which the application relates.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed.
  • Permission to appeal on the de minimis ground is refused.