‘At its heart, this is a relatively straightforward case without complex facts. In short, the Claimants brought an application under the Wildlife and Countryside Act 1981 to challenge the Secretary of State for Environment, Food and Rural Affairs’ (“the Defendant”) decision to confirm the Kent County Council (Restricted Byway AB27 at Tenterden) Definitive Map Modification Order 2021 (“the Order”). The Order recorded the width of RB/AB27, the restricted byway at the centre of the dispute. In 1952, RB/1B27 was recorded as a Road Used as a Public Path, which was later reclassified to a restricted byway in 2006 by the relevant legislation. RB/AB27 passed by property and through land owned by the Claimants.’
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New Square Chambers, 24th February 2026
Source: newsquarechambers.co.uk