Author Topic: Good News  (Read 160 times)

doobreydog

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Good News
« on: 04 October, 2017, 18:08:29 »
Good news - A decision has been confirmed by the Planning Inspectorate (PINS) which has set a positive precedent for future Byway (BOAT) claims in Derbyshire. A challenge calling into question the Derbyshire List of Streets Map has been soundly defeated.

PINS case report number FPS/U1050/7/100M records that in a recent High Court decision, Trail Riders Fellowship v Secretary of State, CO/762/2017, 18 July 2017, HH Mr Justice Holman decided that the purpose of the List of Streets is to identify the ways maintained at public expense, and NOT to precisely delineate them. Therefore any slight misalignment on the computerised display of the List of Streets Map did NOT amount to a significant error.

Mrs Mallinson had recently sought to force change of a DMMO proposing Byway Open to All Traffic by reducing sections of the route to Restricted Byway, based on a slight misalignment (when 'zoomed in' to a close-up view) on the computerised display of DCC's List of Streets Map.  She argued that this invalidated BOAT status as the whole of the route wasn't shown on the Council's List of Streets.

The High Court ruling referred to by PINS had the effect of confirming that a minor misalignment of the digital representation of the route did not invalidate the route's List of Streets status, and so the objection to BOAT status was proved incorrect and common sense prevailed.

Mrs Mallinson, who tried unsuccessfully to use this technicality to oppose a Derbyshire BOAT order, represents pressure groups opposed to recreational motorists using unmetalled roads, and often attempts to overturn BOAT claims in Derbyshire and the Peak District.
  • Ian
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