R. (on the application of Roxlena Ltd.) v Cumbria County Council
09 Oct 2019
The Court of Appeal was prepared to entertain a landowner’s claim for an injunction restraining the Council from acting on its resolution to make a modification order adding numerous new footpaths to the Definitive Map and Statement (‘DMS’), on the basis that, if it did so, the Council would make errors of law.
The Court of Appeal held among other things (1) that when a Council is deciding whether to make a map modification order, it need not ask itself whether the supporting evidence, if accepted, is strong enough to justify confirmation; and (2) that a Council presented with user evidence in support of an application under section 53(5) of the Wildlife and Countryside Act 1981 to add paths to the DMS must continue to consider the claim even if it has rejected the application itself for non-compliance with procedural requirements.
George Laurence QC
Leading Claire Staddon
Instructed by Underwood Vinecombe LLP