Grace Bennett v Secretary of State for the Environment, Food and Rural Affairs
[2023] EWHC 2542 (KB)
Derren McLeish & Anor v The Secretary of State for Environment Food and Rural Affairs & Anor
14 March 2024
[2024] EWHC 532 (Admin)
High Court
A dispute arose about a public footpath's route. An expert reviewed the evidence and decided to change the path's official location. The court agreed with the expert's decision, saying they followed the rules correctly and had good reasons. The court refused to hear new arguments that weren't raised earlier because it would be unfair.
Key Facts
- •Mr and Mrs McLeish challenged a decision confirming a Definitive Map Modification Order altering the route of public footpath ZR281.
- •The Order, made by Kent County Council, realigned the footpath to run through the McLeishes' property, Yew Tree House, instead of Victoria Bungalow.
- •The McLeishes objected, arguing the Council failed to consider all relevant evidence and that the 1952 Definitive Map correctly showed the footpath's alignment.
- •The inspector confirmed the Order, concluding on a balance of probabilities that the new route through Yew Tree House was correct.
Legal Principles
Definitive maps are conclusive evidence unless modified under section 53 of the Wildlife and Countryside Act 1981.
Wildlife and Countryside Act 1981, sections 53, 56, 57(3)
When reviewing a definitive map under section 53(3)(c)(iii), there's an initial presumption the existing map is correct; this presumption can be rebutted on the balance of probabilities.
Trevelyan v Secretary of State for Environment, Transport and the Regions [2001] EWCA Civ 266; R (on the application of Leicestershire CC) v Secretary of State for Environment, Food and Rural Affairs [2003] EWHC 171 (Admin)
In challenges under paragraph 12 of Schedule 15 to the 1981 Act, the court considers errors of law, failure to apply correct tests, consideration of irrelevant factors, fairness, and Wednesbury unreasonableness.
Elveden Farms Limited v Secretary of State for Environment Food and Rural Affairs [2012] EWHC 644 (Admin)
Inspector's decision letters are read fairly as a whole, respecting inspector expertise; new points not raised before the inspector are generally not allowed in High Court challenges unless exceptional circumstances exist.
South Somerset DC v Secretary of State for the Environment; Open Spaces Society v Secretary of State for Environment Food and Rural Affairs [2022] EWHC 3044 (Admin); Trustees of the Barker Mill Estates v Test Valley BC [2017] PTSR 408
Section 32 of the Highways Act 1980 requires consideration of relevant maps and historical documents when determining highway status.
Highways Act 1980, section 32
Outcomes
Claim dismissed.
The court found the inspector correctly applied the legal principles, considered all relevant evidence, and reached a rational conclusion supported by the evidence. The claimants' new arguments were not permitted as they were not raised before the inspector and would have required further evidence and findings of fact.
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