The Weekly Law Reports
[2009] 1 WLR 138
Court of Appeal
*Regina (Warden and Fellows of Winchester College and another)
v
Hampshire County Council
[2008] EWCA Civ 431
2008 April 15,
16;
29
Ward, Dyson, Thomas LJJ
Highway— Right of way— Definitive map— Applications to modify map by upgrading road used as public path and bridleway to byways open to all traffic— Applicants failing to comply with statutory requirements to attach copies of documentary evidence and to serve notice on landowners— Applications approved by surveying authority— New statutory provision extinguishing rights of way for mechanically propelled vehicles unless modification application made in accordance with existing statutory requirements determined before commencement date— Whether authority’s decision effective to save such rights of way from extinguishment— Whether authority entitled to waive non-compliance with statutory requirements—
Wildlife and Countryside Act 1981 (c 69), s 53(5), Sch 14, paras 1, 2, 3
—
Natural Environment and Rural Communities Act 2006 (c 16), s 67(1)(3)(6)
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