- Court of Appeal confirms approach to evidence to modify definitive map
- What are the practical implications of the decision?
- What is the legal and policy background to the case?
- What is the factual background to the case?
- What did the court find?
- Was there sufficient evidence to justify making the order for the footpaths?
- Did the Council fail to discharge its duty to investigate?
- Case details
Planning analysis: In Roxlena v Cumbria CC, the Court of Appeal dismissed an appeal against a dismissal of a judicial review claim of Cumbria County Council’s decision authorising the making of an order under section 53 of the Wildlife and Countryside Act 1981 (WCA 1981) to add footpaths to its definitive map and statement. The decision confirms how a surveying authority should approach evidence presented to justify its making an order under WCA 1981, s 53.
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