Section 8
Recording of highways
Introduction
David Braham Q.C.
8.1: General
George Laurence Q.C.
An old bridleway, wrongly designated under the National Parks and Access to the
Countryside Act 1949 as a footpath on the definitive map, can subsequently be upgraded to
its true status notwithstanding the provisions of ss.27(6) and 32(4)(a) of the 1949 Act.
Paul Coughlan, B.C.L., LL.M., Barrister, School of Law, Trinity College, Dublin.
In 1949 Parliament enacted that the position of public paths throughout England
and Wales should be authoritatively recorded in maps and statements produced for the
purpose. Subsequent legislation has amended the rigidity of the original scheme in order
to provide more readily for alteration of these documents where appropriate. But
uncertainty with respect to the interrelationship of the maps and statements, and as to
how they should be interpreted, may still give rise to difficulty when apparent
inconsistencies between them are found.
John Andrews
The Countryside Commission has been carrying out research in an attempt to
assess what progress is being made by highway authorities towards the targets for the year
2000 which were set when it launched the `Milestones' initiative in November 1987. Given
the incompleteness of the underlying statistics, the author draws on his own involvement
with the Suffolk County Council definitive map and comes down firmly against changes in
the law which would yield a cut- off date for applications for modification orders or
affect the status of disused paths.
John Sugden, Ph.D., C.Eng., MICE, MCIT, Assistant Director Planning and Transport,
Redcar and Cleveland Borough Council
The "Government Direct" initiative has led to the creation of two
databases of particular interest, and potentially of much use, to those seeking accurate
and easily accessible records of rights of way.Proving and recording minor highways (1)
George Laurence Q.C.
This is the first of two articles. It deals with the four principal sets of statutory
provisions relevant to the ascertainment and recording of minor rights of way (footpaths,
bridleways and byways open to all traffic). These are, respectively, s.1 of the Rights of
Way Act 1932 (now s.31 of the Highways Act 1980), ss.27-33 of the National Parks and
Access to the Countryside Act 1949, Part I-III of Schedule 3 to the Countryside Act 1968
and ss.53-57 and 66 of, and Schedules 14 and 15 to, the Wildlife and Countryside Act 1981.
A second article will seek to identify and analyse the cases involving these statutes
which the writer considers to have been of fundamental significance to the development of
the law over the 75 years since the passing of the 1932 Act.
George Laurence Q.C.
In this the second of two articles the writer seeks to analyse a selection of
the more important cases on s.1 of the Rights of Way Act 1932 (now s.31 of the Highways
Act 1980) and ss.27-33 of the National Parks and Access to the Countryside Act 1949; the
Countryside Act 1968 Schedule 3 Part III; and ss.53-57 of and Schedules 14 and 15 to the
Wildlife and Countryside Act 1981.
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