Kenneth Munro provides an update post Sportelli. 

Overview of the new Countryside and Rights of Way Bill (now the Countryside and Rights of Way Act 2000) and the new right of access - other changes to the law of public rights of way.

A discussion of the ruling in Westley v Hertfordshire County Council [1998] J.P.E.L. 947 (D.C.) that "statutory nuisance" (as defined in s. 82 of the Environmental Protection Act 1990) does not encompass obstruction of the highway - R v Bristol City Council, ex parte Everett [1999] 2 All E.R. 193 (C.A.) also discussed.

Effect of the decision in R v. Oxfordshire County Council, ex parte Sunningwell Parish Council [1999] 3 W.L.R. 160 - meaning of "as of right" in definition of "town or village green" - Commons Registration Act 1965, s. 22(1) - procedural aspects of case - obtaining judicial review where binding Court of Appeal authority adverse to applicant.

Wildlife and Countryside Act 1981, s. 53(3) - events which trigger a definitive map modification order.

Implications of the decision in R v. Secretary of State for the Environment, ex parte Billson [1998] 3 W.L.R. 1240, in particular its interpretation of some key words and phrases in Highways Act 1980, s. 31, and Law of Property Act 1925, s. 193.

User element in the definition of "byway open to all traffic" - Wildlife and Countryside Act 1981, s. 66(1) - whether current vehicular user required - whether both pedestrian and equestrian current user required.

Effect of the decision in Stevens v Secretary of State for the Environment, The Times, 20 February 1998 (Sullivan J.) - reclassification of road used as a public path (RUPP) as a bridleway, rather than as a byway open to all traffic (BOAT) - acquisition of right through conduct which is prohibited by public statute - consideration of Robinson v Adair, The Times, 2 March 1995.

Jane Evans-Gordon wrote the property chapter and co-wrote the wills and intestacy chapter

This podcast concerns some of the technical issues when dealing with public access to and over areas of land in the countryside. It analyses three statutory provisions, s31 Highways Act 1980 and s67 Natural Environment and Rural Communities Act 2006, concerning the establishment and extinguishing of public rights of way and vehicular access and s15 Commons Act 2006 concerning the issues when designating and registering land as a town or village green.  To downlaod a copy, please visit the CPDCast site, by clicking here.