Powell and another v Secretary of State for Environment, Food and Rural Affairs

Highway – Definitive map. The claimants challenged an inspector's decision, confirming the interested party's order, seeking recognition of a footpath in the definitive map and statement. The Administrative Court, in dismissing the application, held that that there was no additional test over and beyond the tripartite test to establish whether use had been as of right, which the inspector had, in fact, applied. Further, the use of the footpath had not been secret, precluding its use as of right. Finally, the defendant Secretary of State and the interested party had had jurisdiction to make the order.

Category: