The High Court is to decide whether a government inspector exceeded his powers in reclassifying eight country footpaths in Chilton Candover, Hampshire.
The case came to court after Susan Erica Marriott, a resident of Chilton Down, Chilton Candover, near Alfresford, challenged a decision to reclassify the paths as byways open to all traffic under section 54 of the Wildlife and Countryside Act 1981.
The decision, made by the inspector, DT Bryant, on behalf of the SSETR, was put into effect in March this year by confirmation of the Hampshire (Basingstoke and Deane Borough No 13)(Parish of Candovers) Public Path Reclassification Order 1989.
George Laurence QC, counsel for Mrs Marriott, argued before Sullivan J yesterday that the inspector had no jurisdiction to confirm the reclassification. He said the decision taken by the inspector had been “wholly outside his powers” and that the order should be quashed.
In the event that the inspector did have power to make the order, it was argued that he was none the less guilty of other irregularities in laying down restrictive ground rules that limited the amount of time spent on investigating the matter. This meant that Marriott was hampered in presenting her case before him.
Counsel for the SSETR, Michael Bedford, maintained that the inspector had been legally entitled to reach the decision he did and that it should be upheld.
The case continues.
Marriott v Secretary of State for the Environment, Transport and the Regions Queens Bench Division: Administrative Court (Sullivan J) 5 October 2000
George Laurence QC (instructed by Wilsons, of Salisbury) appeared for the applicant; Michael Bedford (instructed by the Treasury Solicitor) appeared for the respondent.
PLS News 6/10/00
