Ernstbrunner v Manchester City Council

[2009] EWHC 3293 (Admin); [2010] PTSR CS15

16th December 2009

High Court


Dr Ernstbrunner, a local representative of the Ramblers’ Association, applied for an order under section 130B of the Highways Act 1980 requiring the defendant council to secure removal of a gate which, he contended, obstructed a public footpath where it crossed a farm. The magistrates’ court and the Crown Court dismissed his application on the ground that the gate in question was not on the line of the footpath. On his appeal by way of case stated, the High Court held that the Crown Court had not been precluded as a matter of law from finding that the route of the footpath as shown on the definitive map maintained by the council under Part III of the Wildlife and Countryside Act 1981 bypassed the private road on which the gate was erected even though the definitive statement made no reference to such divergence.

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