Maroudas v Secretary of State for the Environment, Food and Rural Affairs – WLR Daily

Posted March 22nd, 2010 in appeals, law reports, rights of way, roads by sally

Maroudas v Secretary of State for the Environment, Food and Rural Affairs [2010] EWCA Civ 280; [2010] WLR (D) 81

“An application under s 53(5) of the Wildlife and Countryside Act 1981 to upgrade a byway from a road used as a public path to a byway open to all traffic did not need to be made in a single document. The lack of a date and signature on the application might be cured by a letter sent shortly after the submission of the form but where no date or signature was supplied for ten weeks the statutory requirements in para 1 of Sch 14 to the 1981 Act had not been complied with. In the instant case the applicant’s failure to make clear the extent of the route which he wanted the local authority to upgrade, together with his failure to supply a map, were also departures from the strict requirements set out in Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993. Together the departures from the strict requirements required that the application be rejected.”

WLR Daily, 19th March 2010

Source: www.lawreports.co.uk

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