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25 January 2013 / Carl Calvert
Issue: 7545 / Categories: Features , Expert Witness , Property
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Weighing up the scale

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How can practitioners navigate through the difficulties of enlarging maps, asks Carl Calvert

This case of judicial review brought by the Trail Riders’ Fellowship (TRF) in The Trail Riders’ Fellowship & Anor v R & Dorset County Council [2012] EWHC 2634 (Admin), [2012] All ER (D) 15 (Oct) concerned five routes over which the claimants maintained that the public enjoyed vehicular public rights of way which were not recorded on the definitive map statement (DMS). To add a right of way to the DMS an application has to be made to the surveying authority, usually the county council.

In this case the application to Dorset County Council  was made on a map which had its basis on an OS 1:50,000 scale map enlarged to 1:25,000. Regulation 2 of the Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993 (SI 1993/12) (the 1993 Regulations) state that: “A definitive map shall be on a scale of not less than 1:25,000 but where the surveying authority wishes to show on a larger scale any particulars

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