Highways

Right of way - order deleting bridleway from definitive map - inspector empowered following public inquiry to confirm order with modification showing footpathTrevelyan v Secretary of State for the Environment, Transport and the Regions: CA (Lord Phillips of Worth Matravers MR, Simon Brown and Longmore LJJ): 23 February 2001Landowners applied under section 53(5) of the Wildlife and Countryside Act 1981 for deletion of part of a bridleway from the definitive map on the ground that it had been marked on in error.The county council concluded that there was insufficient evidence of use by horse riders to justify a bridleway but sufficient evidence of use on foot for a footpath, and refused to make the order sought.The secretary of state on the landowners' appeal directed the council to order deletion of the right of way, which it did.

An inspector, following a public inquiry into objections to the order, decided that he had no power under schedule 15 to the Act to accede to the council's request to confirm its order with a modification to show a footpath, and confirmed the order for deletion.

Mr Justice Latham refused an application to quash the order.

The applicant appealed.George Laurence QC and Rhodri Price Lewis (instructed by Brooke North, Leeds) for the applicant.

John Hobson QC (instructed by the Treasury Solicitor) for the secretary of state.Held, dismissing the appeal, that an inspector had power under schedule 15 to confirm an order deleting a bridleway subject to a modification substituting a footpath; that when an inspector considered whether a right of way marked on the definitive map should be deleted there was an initial presumption that the right of way existed because, absent evidence to the contrary, it should be assumed that the proper procedures had been followed and evidence of the right had existed when it was marked on the map; that evidence of some substance was required to outweigh the initial presumption; but that on the facts the inspector's decision was justified.