New Rights Of Way Hearings Rules
The Justice Ministry have recently issued new rules which regulate the conduct of hearings and inquiries where there have been objections to orders made by local authorities relating to the creation of footpaths, bridleways and restricted byways, the modification of the definitive map and statement and the stopping up, diversion or extinguishment of footpaths, bridleways and restricted byways. The new rules replace the Highways (Inquiries Procedure) Rules 1994 insofar as those rules apply to any hearing or inquiry into orders mentioned above. In regard to other types of highways orders, the 1994 rules still apply. The Rights of Way (Hearings and Inquiries Procedure) (England) Rules 2007 will come into force on 1 October 2007. Separate procedures are set out for hearings and inquiries, both as regards the preliminaries and the hearing of inquiry itself.
Dedication Of Highway - House Of Lords Case
How far is it necessary for a landowner to go to rebut any presumption that a right of way has been passively granted by public use over a number of years? The issue was considered in two appeals to the House of Lords whose decision was recently given - see R (Godmanchester Town Council) -v- Secretary of State; R (Drain) -v- Secretary of State (2007) UKHL 28. In each case the relevant local authority had added a public footpath to the definitive map and statement for the area, on the basis of 20 years' use of the public as of right. An inquiry having been held in both cases, the Inspector found that the presumption of dedication had been rebutted. In the first case there was a letter from the landowner to the county planning officer complaining of pedestrian trespass and in the second case, the landowner pointed to a clause in an agricultural tenancy requiring the tenant to keep out trespassers. In both the Court of first instance and in the Court of Appeal, judicial review proceedings brought by the appellants were dismissed. However, the House of Lords reversed the decisions. The House concluded that an intention not to dedicate a right of way had to be adequately communicated to the users of the way in question so that they would reasonably have understood the landowner's intention. What was required was not merely evidence of the state of mind of the landowner, but also that steps had been taken to disabuse the public of the belief that there was dedication for public use. This might normally be secured by a notice but the House of Lords was anxious to make clear that there might be other ways by which the public would understand the position. The House also concluded that a landowner's intention not to dedicate need not be obvious continuously throughout the 20 years' period; provided that less than 20 years' of unrebutted enjoyment were in evidence, the claim to a right must fail. The Court ordered that the Inspector's decision in each appeal should be quashed and the matters remitted to the Secretary of State on the basis that in neither case had the landowner satisfactorily rebutted the intention to dedicate.
The decision is important as making clear to landowners that in those places where rights of way by regular use are likely to be claimed, the refusal to dedicate must be made abundantly clear.
Econut
Slimming ideas
It is said that the Chinese are importing copious quantities of waste cardboard from the UK, no doubt for legitimate purposes. However, the Guardian reports the discovery in Beijing of a scam involving the soaking of cardboard in caustic soda, flavouring with pork seasoning and adding to bakery items called baozi. With obesity in the western world increasing fast, this could catch on. The Guardian report was subsequently shown to be false but it is a great story.
