Wildlife and Countryside Act 1981 — Definitive map and statement — Highway shown as bridleway — Application to modify definitive map and statement — Evidence of vehicular use — Secretary of State dismissing appeal after inquiry — Whether Secretary of State disregarded the evidence — Whether statutory requirements satisfied — Appeal allowed
In 1985 the appellant applied to the Wiltshire County Council for an order under section 53(2) of the Wildlife and Countryside Act 1981 to modify the definitive map and statement concerning highways. He contended that in the 1985 review two public highways had been wrongly classified as bridleways; there was evidence of vehicular use, and they should have been shown as”byway[s] open to all traffic”. The county council did not consider that the evidence submitted by the appellant added to the evidence that they already had of vehicular use. The appellant’s appeal, against the county council’s decision to reject his application, was dismissed by the Secretary of State for the Environment.
In his decision letter the Secretary of State accepted that there was documentary evidence of vehicular use of the two highways, but considered that the tests in para 10 in Part III of Schedule 3 to the Countryside Act 1968 had to be taken into account. These tests are whether the way is suitable for vehicular traffic and whether the extinguishment of vehicular rights would cause undue hardship.
Held The appeal was allowed and the Secretary of State’s decision quashed.
A duty was imposed on the county council by section 53(3)(c) of the Wildlife and Countryside Act 1981. Where evidence is discovered “which (when considered with all other relevant evidence available to them) shows …” that a highway is wrongly classified on the definitive map and statement, the county council are required to make an order modifying the definitive map and statement. The appellant had submitted evidence of vehicular use that was different from the evidence previously considered by the authority when the reclassification took place.
The discovery of that new evidence “triggered” the county council’s duty under section 53(3) to consider all other relevant evidence. A modification order would then have to be made when this evidence shows that a highway has been wrongly classified. The council had failed to do this despite the existence of evidence in its own possession of vehicular use. The definitive map and statement are not conclusive as to the status of a highway: see section 56 of the 1981 Act.
R v Secretary of State for the Environment, ex parte Hood [1975] 3 All ER 243 criticised.
George Laurence (instructed by Cripps Harries Hall, of Tunbridge Wells) appeared for the appellant; and John Laws (instructed by the Treasury Solicitor) appeared for the first respondent, the Secretary of State for the Environment. The second respondent, the Wiltshire County Council, did not appear and was not represented.
