Extinguishment of Public Right Of Way

July 20th, 2022

Trail Riders v SoS (2022) EWHC 1804 ( Admin ) concerns extinguishment of a public right of way under Section 67(1) of the Natural Environment and Rural Communities Act 2006 and the exceptions in Section 67(2). Syeyn J said that the exceptions should not be construed restrictively.

In relation to Section 67(2) (a) what was required was a factual assessment of whether the main lawful use by the public of the route during the 5 year period to 2 May 2006 was for mechanically propelled vehicles or not. The word “ main “ denoted chief or predominant use. The statutory provision did not direct the decision-maker as to the factors that should be taken into account. In making an assessment the character of the way was not a mandatory relevant consideration.

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