![]() |
Corrections and Updates (first edition) Home - Authors - Contents - More details - Corrections and Updates - Reviews - Training - Get the Book - History |
Corrections and Updates to the first edition
The second edition incorporates the changes identified below to the extent they remain relevant.
The authors are grateful to Hugh Craddock for bringing this to their attention.
Section 13 of the Growth and Infrastructure Act 2013 amended s.31 Highways Act 1980 by further extending this ten year period to twenty years in England. The change came into force on 1 Oct 2013 (SI 2013/1766). The Act did not alter the situation in Wales.
(1 Jan 14)
In R (on the application of Trail Riders’ Fellowship and Tilbury) v Dorset CC and Secretary of State for EFRA and Plumbe [2013] EWCA Civ 553, it was held that a map which is produced to a scale of 1:25,000, even if it is digitally derived from an original map with a scale of 1:50,000, satisfies the requirements of paragraph 1(a) of Schedule 14 provided that it is indeed "a map" and that it shows the way or ways to which the application relates. This reversed an earlier judgment ([2012] EWHC 2634 (Admin)) where the High Court had found that a map of scale 1:50,000 could not be enlarged to 1:25,000 in order to meet the requirements of Sch 14 WCA81. (24 May 13)
Update: The Court of Appeal view was endorsed by the Supreme Court. (19 Mar 15)A simpler method of identifying land parcels crossed by an application route can be found via the Land Registry INSPIRE service at https://data.gov.uk/dataset/land-registry-inspire-view-service-and-metadata. This enables the edges of land ownership to be identified and gives a parcel number for each freehold registered parcel. The parcel number can be entered into the Land Registry search service to go straight to the register and title plan purchasing page. Significantly, it shows up quickly those routes (such as ancient droves) for which there are no registered owners of the track at all.
The authors are grateful to Hugh Craddock for bringing this to their attention. (Web link updated 27 Feb 16.)
Bridleway. A highway over which the public have a right of way on foot and horseback or leading a horse, with or without a right to drive animals of any description along the highway (s.329 Highways Act 1980). The showing of a public bridleway on the definitive map, however, only means that the public had a right of way on foot, on horseback or leading a horse without prejudice as to whether any other rights existed (s.56 Wildlife and Countryside Act 1981). In addition there is a right of way for pedal bicycles (s.30 Countryside Act 1968).
© 2020 Sarah Bucks and Phil Wadey. Facebook Twitter: #rowrtr Goodreads reviews ISBN 978-0-9574036-0-4 (first edition) ISBN 978-0-9574036-1-1 (second edition) More details