R (on the application of Trail Riders Fellowship and another) (Respondents) v Dorset County Council (Appellant)


Reference:
[2015] UKSC 18

Date:
18th March 2015

Court:
Supreme Court

Comment:

A challenge by way of judicial review to the surveying authority’s refusal to entertain 5 applications to upgrade or add public vehicular rights of way to the definitive map. The issue was whether maps presented at a scale of 1:25,000, by using a digital map derived from an Ordnance Survey 1:50,000 map, satisfy the requirements as to scale in the relevant provisions of the Wildlife and Countryside Act 1981. The survival of potential rights for mechanically-propelled vehicles over these routes depended upon the applications being found to have been compliant with these requirements. The TRF, represented by Adrian Pay leading Thomas Fletcher, succeeded in the Supreme Court, by a majority of 3:2, in establishing the validity of the applications, resisting an appeal by Dorset CC, represented by George Laurence QC leading Kira King. The Supreme Court also considered, but declined to overrule, Winchester College & Anor, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs [2008] EWCA Civ 431.

 

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