Factors to consider on a statutory footpath diversion are not exhaustive (The Open Spaces Society v Secretary of State for Environment, Food and Rural Affairs)

Article summary

Local Government analysis: Section 119(1) of the Highways Act 1980 (HiA 1980) confers power on a council to make an order diverting the line of a public footpath, bridleway or restricted byway ‘in the interests of the owner, lessee or occupier of land crossed by the path or way or of the public’. The Court of Appeal has held in this case that, in determining whether it is expedient to confirm the diversion order, the factors specified in HiA 1980, s 119(6)(a) to (c) are mandatory considerations but that other relevant matters can also be taken into account. In other words, the list of factors (a), (b) and (c) is not exhaustive. In deciding at the Test 3 stage whether to confirm the diversion order, the inspector is also entitled to take into account the interests of the owner or of the public (as the case...