header-logo header-logo

25 January 2013 / Carl Calvert
Issue: 7545 / Categories: Features , Expert Witness , Property
printer mail-detail

Weighing up the scale

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Ogier—Martin Livingston

Ogier—Martin Livingston

Martin Livingston joins Ogier in Cayman to strengthen regulatory support

Blake Morgan—47 promotions

Blake Morgan—47 promotions

Blake Morgan announces 47 summer promotions across UK offices

NEWS
Consultant-led law firms should prepare for closer regulatory attention as oversight evolves
Artificial intelligence may draft workplace grievances, but employers cannot treat them any differently from conventional complaints
From dishonest claimants to judicial promotions and procedural skirmishes, the latest legal developments offer plenty for litigators to digest
Fresh guidance is set to influence how courts decide whether hearings take place online or in person
County Court judges remain divided over whether landlords can lawfully force entry to carry out essential safety inspections after tenants ignore access injunctions
back-to-top-scroll