Notable Highways and Rights of Way cases
Wildlife and Countryside Act 1981 – Cyngor Sir Ynys Môn / Isle Of Anglesey County Council Definitive Map And Statement – Cyngor Sir Ynys Môn / Isle Of Anglesey County Council (Footpath 10, Rhoscolyn) Modification Order 2015
Represented the Order Making at this inquiry into a definitive map modification order to delete a section of footpath depicted on the Definitive Map and a new footpath. Issues included: whether the OMA, when making the Order, had applied the correct legal test and whether prejudice had occurred as a result of the error alleged; and whether there was an inference of dedication at common law with regard to the proposed addition.
The Shropshire Council (Bridleway Additions, Parish of Richard’s Castle) Modification Order 2015; Ref: ROW/3172071
Represented the Order Making at an inquiry into a definitive map modification order to add two public rights of way (bridleways) to the definitive map. Issues included: whether deviation could lead to the establishment of an additional right of way; the status of the two proposed routes; and the relevant period of public use. The order was confirmed in part.
Isle of Anglesey County Council (Addition of Footpath at Tai Bach the Community of Llanddona) Modification Order 2016;
Represented the Order Making Authority for representation at an inquiry into a definitive map modification order to add a public right of way to the definitive map. Issues included: use by implied permission; intention to dedicate; and the correct date of challenge. The order was confirmed.
The Shropshire Council (Parish of Frodesley) Modification Order 2010; Ref: FPS/L3245/7/16
Represented the Order Making Authority at this complex inquiry into an order proposing to: add a bridleway; add a footpath; downgrade a bridleway and delete part of a bridleway. Issues included: the discovery of a drafting mistake and its sufficiency to displace the presumption in favour of the definitive map; the creation of a new right of way on land adjoining land over which there is an obstructed right of way; and whether public rights could be acquired over a route mistakenly shown on the definitive map.
R (Preston) v Cumbria County Council  EWHC 1362
Appearing for the Claimant (junior to John Hunter) in a successful judicial review claim. The High Court held that the Council’s decision to grant planning permission was unlawful because: there had not been a “screening opinion” for the purposes of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (the “EIA Regs”); and, there had not been an “appropriate assessment” for the purposes of the Conservation of Habitats and Species Regulations 2017 (the “Habitats Regulations”).
R (LOGS) v Liverpool CC & Redrow Homes Ltd  EWHC 55 (Admin)
Appearing for Liverpool City Council (junior to Paul Tucker KC) in a challenge brought by a local action group concerning the interpretation of Liverpool’s ‘green wedge’ policies.
Sykes v Cheshire West and Chester BC  EWHC 3655 (Admin)
Appearing for Chester Borough Council in a case concerning the legal principles of consultation and the adequacy of consultation in a planning context.
R (Save Britain's Heritage) v Liverpool City Council and another  EWCA
Successfully resisted an application for an urgent injunction brought by Save Britain’s Heritage in the Court of Appeal to prevent deconstruction of the Futurist Cinema in Liverpool.
R (Save Britain's Heritage) v Liverpool City Council and another  EWCA Civ 806
Instructed (as a junior to Anthony Crean KC) on behalf of a Local Authority in an important heritage case. The question before the Court of Appeal was whether paragraph 18a-036 of the Planning Practice Guidance required a local authority to consult the Department for Culture, Media and Sport separately on development proposals for Lime Street, Liverpool which was within the buffer zone of a World Heritage Site. The appeal was dismissed and permission to appeal to the Supreme Court was refused.