The Court of Appeal has been asked to rule on a dispute that centres on the correct definition of “BOATS” (byways open to all traffic) under the Wildlife and Countryside Act 1981.
The appeal is in relation to a decision of Hooper J in the High Court that a public right of way connecting two farms at Wincanton should be recorded on the definitive map for the area as a BOAT. That ruling backed a 1997 decision of the Environment Secretary.
George Laurence QC, counsel for the appellants, argued that, for a way to be designated as a BOAT under the Act, it was not sufficient to show that a public right of way for vehicular traffic existed.
He contended that it was also necessary to show that the route was, in fact, currently used by vehicles. In addition, there had to be use by equestrians and pedestrians that, when combined, outweighed the vehicular use.
- The hearing continues
Masters and another v Secretary of State for the Environment, Transport and the Regions Court of Appeal (Roch, Tuckey and Mance LJJ) 13 July 2000
George Laurence QC and Louise Davies (instructed by Thrings & Long, of Bath) appeared for the appellant; John Hobson QC and Philip Coppel (instructed by the Treasury Solicitor) appeared for the respondent.
PLS News 13/7/00
