Advice 12 Wildlife and countryside act 1981 - vehicles and rights of way. Bakewell management ltd v Brandwood Stevens v Secretary of State for the environment (revised December 2004)

Publication Year

2004

Document Status

Withdrawn

Abstract

Explains the Planning Inspectorate's views on the Bakewell judgment, which relates to the issue of whether the statutory prohibition against off-road driving, currently contained in section 34 of the Road Traffic Act 1988 (“the 1988 Act”), could prevent section 31 of the Highways Act 1980 (“the 1980 Act”) from operating to create a public vehicular right of way and provides valuable guidance on how evidence of vehicular use, both pre and post-1930, should be treated where claims are made on the basis of long user by motor vehicles.

Document History

Superseded by the May 2013 revision. Part of the Planning Inspectorate's rights of way section.

Publisher Information