- Use of paths under statutory permission was ‘by right’ (Order Ref: FPS/X1355/7/4M)
- What is the significance of the decision for authorities and developers?
- What is the legislative background to the case?
- What is the factual background to the case?
- Why did the inspector conclude that the modification order should not be confirmed?
Planning analysis: In an appeal decision relating to land at Wharton Park, Durham, the inspector concluded that a claimed use of paths on land held under the Public Health Act 1875 (the 1875 Act) and the Open Spaces Act 1906 (the 1906 Act) was ‘by right’ and not ‘as of right’. Therefore the long use could not qualify for the purposes of establishing a public right of way under s 31 of the Highways Act 1980 (HiA 1980).
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