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Year 2000
Trevelyan v Secretary Of State For Environment, Transport & Regions, Court of Appeal - Administrative Court, January 24, 2000, [2000] EWHC Admin 282


11
Case No: CO/2206/99


IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION


Royal Courts of Justice
Strand, London, WC2A 2LL

Monday, 24th January 2000


B e f o r e :

MR JUSTICE LATHAM
BETWEEN:



(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 180 Fleet Street
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Mr George Laurence QC (instructed by Brooke North Solicitors for the Applicant)
Mr John Hobson (instructed by the Treasury Solicitors for the Respondent)

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Judgment
As Approved by the Court

Crown Copyright ©

JUDGMENT
Mr Justice Latham:

1. Until recently, the Applicant was the Deputy Director of the Ramblers Association; and in this appeal he acts on his own behalf, and on behalf of the Association. The proceedings before me are an appeal brought under the provisions of Schedule 15 to the Wildlife and Countryside Act 1981 (the 1981 Act) against an order made by the Respondent of the 1st April 1999 deleting a substantial proportion of a bridleway known as bridleway 8 from the definitive map of the area around Sawley in Lancashire. The bridleway forms part of a path designated by the County Council as Ribble Way. The Association is concerned not merely because of the consequent disruption of the path, but also because, it is said, important issues arise in relation to the powers given to relevant authorities under the 1981 Act to delete rights of way from definitive maps.
2. The definitive map in question was prepared pursuant to the provisions of the National Parks and Access to Countryside Act 1949 (the 1949 Act). Section 27 required the relevant authority, in this case Lancashire County Council, to survey land over which a right of way was alleged to subsist and to prepare a map showing such a right of way whenever in its opinion such a right of way subsisted, or was reasonably alleged to have subsisted, at the relevant date. For the purposes of the present case, the relevant date was the 22nd September 1952. In order to carry out this ...
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