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Buckland & Ors v Secretary Of State For Environment Transport & Regions, Court of Appeal - Administrative Court, January 11, 2000, [2000] EWHC Admin 279




Case No CO/1682/1998

IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(Crown Office)
Royal Courts of Justice
Strand
London
WC2A 2LL


Tuesday, 11 January 2000

Before:

MR JUSTICE KAY

NORMAN CHARLES BUCKLAND
And
patricia joan buckland
AND
DAVID HUBERT CAPEL

-V-

THE SECRETARY OF STATE FOR THE ENVIRONMENT
TRANSPORT AND THE REGIONS


(Transcript of the Handed Down Judgment of
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Mr George Laurence QC (instructed by Thrings & Long) appeared on behalf of the Applicants.
Mr John Hobson (instructed by the Treasury Solicitor) appeared on behalf of the Respondent




Judgment
As Approved by the Court

Crown Copyright ©

Tuesday, 11 January 2000
JUDGMENT

Mr Justice Kay:

This is an application brought by the applicants under paragraph 12 of Schedule 15 to the Wildlife and Countryside Act 1981 ("the 1981 Act") against the decision of the Secretary of State acting by his Inspector dated 8 January 1998 by which he confirmed the County Council of Avon Definitive Map and Statement Modification Order No 1. 1994 with modifications.

Factual background to the application

The route in question runs between the villages of Winscombe and Barton and is known for a part of the route as Barton Drove. Prior to the modification with which the case is concerned it has always been shown on the definitive map as two footpaths.
The Modification Order made pursuant to section 53 of the 1981 Act purports to show those paths as upgraded to bridleways. Objections were raised to the order and as a result an inquiry under paragraph 7 of Schedule 15 to the 1981 Act was held. Following that inquiry, the Inspector concluded that the documentary evidence supported vehicular highway rights and in consequence, by paragraph 70 of his first decision letter dated 18 April 1997 indicated that the Secretary of State ...
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