‘An application for the approval of reserved matters does not amount to a new application for planning permission.’
Tanfield Chambers, 28th May 2020
Source: www.tanfieldchambers.co.uk
‘The Court of Appeal has found that a council was liable for an injury suffered by a claimant when she tripped on a tree root on a path constructed in a park by one of its predecessor authorities.’
Local Government Lawyer, 2nd June 2020
Source: www.localgovernmentlawyer.co.uk
‘The recent decision of the High Court (Lieven J.) in The Open Spaces Society v Secretary of State for Environment, Food and Rural Affairs [2020] EWHC 1085 (Admin) “the OSS case”) considered the relevant considerations to be taken into account by a council when determining whether to exercise the power to make a Public Path Diversion Order (PPO) pursuant to section 119 of the Highways Act 1980 (as amended). The decision raises points for councils, vendors, purchasers and owners of adjacent land.’
No. 5 Chambers, 19th May 2020
Source: www.no5.com
‘The relationship between those using public footpaths and those whose land is crossed by public footpaths is often one of an uneasy truce. Farmers know all too well the damage nuisance and fear which can be and is caused by walkers straying from public footpaths, by uncontrolled dogs and by failures to comply with the Countryside Code. On the other side of the coin, incidents such as unlawful obstructions on or the long-term ploughing of public footpaths are not unknown.’
Landmark Chambers, 4th May 2020
Source: www.landmarkchambers.co.uk
‘A public footpath is to be rerouted following a two-year battle by a nudist campsite to stop ramblers wandering through the grounds.’
Daily Telegraph, 26th January 2020
Source: www.telegraph.co.uk
‘The claimant brought an action against the defendant for personal injury following a tripping incident on a path in Abram Park, Wigan. At trial the judge found that the path was in a dangerous and defective state but also found that the path was not a highway “maintainable at public expense” for the purposes of section 36 of the Highways Act 1980 and as such the defendant did not owe a duty under section 41 of the Act.’
Zenith PI Blog, 28th June 2019
Source: zenithpi.wordpress.com
‘MPs are to hold an inquiry to explore the problems of pavement parking in England, amid claims that the Government has failed to take action over the issue.’
Local Government Lawyer, 8th April 2019
Source: www.localgovernmentlawyer.co.uk
‘Couple unable to sell home after discovering public footpath running though living room.’
The Independent, 13th March 2019
Source: www.independent.co.uk
‘An open space can be designated as an asset of community value even if its present use is one arising from trespass, the Court Of Appeal has said.’
Local Government Lawyer, 31st May 2018
Source: www.localgovernmentlawyer.co.uk
‘A county council has successfully defended a judicial review challenge to a committee decision authorising the making of a statutory order which, subject to confirmation, would add at least 34 footpaths and a bridleway to the definitive map and statement for the area.’
Local Government Lawyer, 1st December 2017
Source: www.localgovernmentlawyer.co.uk
‘Up to 1,000 rights of way could be re-established centuries after they stopped being recorded on maps after a landmark High Court ruling.’
The Independent, 2nd July 2015
Source: www.independent.co.uk
Local Government Law Update: 18 July (PDF)
Local Government Law Update: 23 July (PDF)
Local Government Law Update: 25 July (PDF)
11 KBW, July 2012
Source: www.11kbw.com
“In the recent decision in Taylor v Betterment Properties Ltd [2012] EWCA Civ 250, the Court of Appeal has provided useful guidance on two questions arising under the Commons Registration Act 1965 and potentially of wider implication.”
Hardwicke Chambers, 2nd May 2012
Source: www.hardwicke.co.uk
Cusack v Harrow London Borough Council: [2011] EWCA Civ 1514; [2011] WLR (D) 357
“A highway authority had power under section 66(2) of the Highways Act 1980, but not under section 80, to erect posts so as to prevent vehicular access to a frontager’s forecourt in order to safeguard users of the highway. If the highway authority exercised that power the frontager would become entitled to compensation under section 66(8) of the 1980 Act.”
WLR Daily, 7th December 2011
Source: www.iclr.co.uk
“The driver of a mobility scooter who killed a 90-year old pedestrian escaped prosecution because no law existed to enable police to take action, an inquest heard.”
Daily Telegraph, 25th January 2011
Source: www.telegraph.co.uk
“A man has become the first person in the UK to be successfully prosecuted for riding a Segway scooter on a pavement.”
BBC News, 18th January 2011
Source: www.bbc.co.uk
“Ramblers scored a landmark victory over a multi-millionaire landowner yesterday when a top judge told him he must tear down the “impressive” iron gateway to his Somerset estate.”
Daily Telegraph, 18th February 2010
Source: www.telegraph.co.uk
“A man seriously injured after a fall during a night out when he was a student is suing a council for damages.”
BBC News, 29th October 2009
Source: www.bbc.co.uk
“A woman who complained to police after spotting two gay men having sex on a public footpath was told to ‘use a different path in future’.”
Daily Telegraph, 24th November 2008
Source: www.telegraph.co.uk
“Birgit Green, 63, was walking along a public footpath at a nature reserve when a section of the wooden bridge’s planking collapsed.”
Daily Telegraph, 29th September 2008
Source: www.telegraph.co.uk
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