Rights Of Way: a guide to law and practice
By John Riddall and John Trevelyan
Published by the Ramblers’ Association and the Open Spaces Society.
Known to many as, simply, ‘the Blue Book’, Rights of Way: a guide to law and practice is the definitive guide to rights-of-way law in England and Wales.
This fourth edition, published in May 2007, has been completely revised and updated by two of the country’s leading experts on rights-of-way law, and is published by the two leading organisations concerned with the protection of rights of way.
- Buy online £29.95 plus postage (details below) from our distibutors - Cordee.
A new development is the Blue Book Extra (BBE). Many of the publications and judgments we refer to in the Blue Book are now available on the internet, and the BBE provides links to them. The BBE also provides access to documents created specially to assist readers, and supplementary material will be available for download to keep the book up to date.
The Blue Book is an essential work of reference for anyone whose work involves rights of way, and is also a fascinating read for those interested the historical and contemporary usage of the unique network of public paths in England and Wales.
“The Blue Book’s famed reputation for even-handedness in this complex and controversial field makes it the first port of call for anyone concerned with a dispute concerning public rights of way. Accurate cross-referencing between the statutory and other materials in Part II and the legal analysis in Part I greatly enhances the utility of the whole. I commend it without reservation.”
George Laurence QC
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BBE Introduction
Welcome to the Blue Book Extra (BBE) website. These pages have been created to assist readers of Rights of Way: a guide to law and practice.
The fourth edition was published on 31 May 2007, and throughout the text of the book we refer readers to BBE for links or downloads to publications, the full text of court judgments, etc.
The left-hand navigation panel mirrors the contents of the book, so just click on the relevant chapter and scroll down to the right page number.
In addition, supplements to the text of the fourth edition are included in the page for each chapter, and will be amended as and when there are changes to the law or new guidance is issued. The What's New section below lists changes made recently. A cumulative supplement can be downloaded below for ease of printing to keep with the book, as can a list of corrections.
Cumulative supplement: to 25 July 2008
List of corrections: to 20 October 2008
What's new
|
2008 |
Details | |
| October | ||
| 20th | 7.3.8 page 192 | Hockerill College case on the approach to be taken by an authority in deciding whether to make a special extinguishment order for school security. |
| August | ||
| 12th | 7.3.9 page 193 | Defra’s conclusions that the CROW Act provisions giving a right to apply for path orders need further primary legislation before they can be implemented. |
Table of cases
Scroll down for more recent reports for cases, and for new cases referred to in the supplements.
Cases referred to in the fourth edition for which the judgment is available on the internet.
|
Applegarth v Secretary of State for the Environment, Transport and the Regions (QBD) |
link |
| Associated Provincial Picture Houses Ltd v Wednesbury Corporation (CA) | link |
| Bakewell Management Ltd v Brandwood (HL) | link |
| Berry v Secretary of State for Environment, Food and Rural Affairs (QBD) | link |
| Briscoe v Shattock (QBD) | link |
| Buckland v Secretary of State for the Environment, Transport and the Regions (QBD) | link |
| Burrows v Secretary of State for Environment, Food and Rural Affairs | link |
| Chamberlain v Lindon (QBD) | link |
| Commission for New Towns v JJ Gallagher Ltd (ChD) | link |
| Cross v Kirklees Metropolitan Borough Council (CA) | link |
| Dart v Ely (CA) | link |
| Davies v Secretary of State for Wales (CA) | link |
| Department for Environment, Food and Rural Affairs v Alford (QBD) | link |
| Department for Transport, Environment and the Regions v Mott Macdonald and ors (CA) | link |
| Director of Public Prosecutions v Jones (HL) | link |
| Fernlee Estates Ltd v City and County of Swansea and the National Assembly for Wales (QBD) | link |
| Flack v Hudson (CA) | link |
| Goodes v East Sussex CC (HL) | link |
| Gulliksen v Pembrokeshire CC (CA) | link |
| Hall v Secretary of State for the Environment (QBD) | link |
| Hertfordshire CC v Secretary of State for Food, Environment and Rural Affairs (CA) | link |
| Kane v New Forest District Council (CA) | link |
| Kay v Commissioner of Police for the Metropolis (QBD) | link |
| Kind v Newcastle City Council (QBD) | link |
| Lynch v Director of Public Prosecutions (QBD) | link |
| Massey v Boulden (CA) | link |
| Masters v Secretary of State for the Environment, Transport and the Regions (CA) | link |
| Mills v Silver (CA) | link |
| Mirvahedy v Henley (CA) | link |
| National Trust v Secretary of State for the Environment, Transport and the Regions (QBD) | link |
| Norman and Bird v Secretary of State for Environment, Food and Rural Affairs (QBD) | link |
| O'Keefe v Secretary of State for the Environment and Isle of Wight CC (CA) | link |
| Owen v Westminster City Council (QBD) | link |
| Oxfordshire CC v Oxford City Council (HL) | link |
| R (Ashbrook) v East Sussex CC (CA) | link |
| R (Beresford) v City of Sunderland (HL) | link |
| R (Connaughton) v West Dorset District Council (QBD) | link |
| R (Drain) v Secretary of State for the Environment, Food and Rural Affairs (CA) | link |
| R (Fuller) v Chief Constable of Dorset Police (QBD) | link |
| R (Godmanchester Town Council) v Secretary of State for the Environment, Food and Rural Affairs (CA) | link |
| R (Hargrave and Hargrave) v Stroud District Council (CA) | link |
| R (Haw) v Secretary of State for the Home Department | link |
| R (Hertfordshire CC) v Department of Environment, Food and Rural Affairs (QBD) | link |
| R (Horvath) v Secretary of State for Environment, Food and Rural Affairs (QBD) | link |
| R (Kind) v Secretary of State for the Environment, Food and Rural Affairs (QBD) | link |
| R (Leicestershire CC) v Secretary of State for the Environment, Food and Rural Affairs (QBD) | link |
| R (Macintosh) v Secretary of State for the Environment, Food and Rural Affairs (QBD) | link |
| R (Norfolk CC) v Secretary of State for the Environment, Food and Rural Affairs | link |
| R (Spice) v Leeds City Council (QBD) | link |
| R (Young) v Secretary of State for Environment, Food and Rural Affairs (QBD) | link |
| R v Bristol City Council, ex parte Everett (CA) | link |
| R v East Sussex CC, ex parte Tandy (HL) | link |
| R v Matthews (CA) | link |
| R v Oxfordshire CC ex parte Sunningwell Parish Council (HL) | link |
| R v Planning Inspectorate Cardiff, ex parte Howell (QBD) | link |
| R v Rimmington (HL) | link |
| R v Roberts (CA) | link |
| R v Secretary of State for the Environment, ex parte Billson (QBD) | link |
| R v Secretary of State for the Environment, ex parte North Yorkshire CC (QBD) | link |
| R v Secretary of State for the Environment, ex parte Slot (CA) | link |
| R v Secretary of State for the Environment, Transport and the Regions, ex parte Dorset CC (QBD) | link |
| R v Wiltshire CC, ex parte Nettlecombe Ltd (QBD) | link |
| Ratcliff v McConnell (CA) | link |
| Robinson Webster (Holdings) Ltd v Agombar (QBD) | link |
| Rotherwick Executors v Oxfordshire CC (Lands Tribunal) | link |
| Rowland v Environment Agency (CA) | link |
| Rowland v Environment Agency (ChD) | link |
| Rowley v Secretary of State for Transport, Local Government and the Regions (QBD) | link |
| Sage v Secretary of State for the Environment, Transport and the Regions (HL) | link |
| Secretary of State for the Environment, Transport and the Regions v Baylis (Gloucester) Ltd (CA) | link |
| Shepherd v Secretary of State for the Environment and Three Rivers District Council (CA) | link |
| Steel v United Kingdom (ECHR) | link |
| Thompson v Hampshire CC (CA) | link |
| Todd v Secretary of State for Environment, Food and Rural Affairs (QBD) | link |
| Trevelyan v Secretary of State for the Environment, Transport and the Regions (CA) | link |
| Webber v Devon CC (CA) | link |
| Westley v Hertfordshire CC (QBD) | link |
| Westminster City Council v Fountain and Colonnade Management (CA) | link |
| White v St Albans District Council (CA) | link |
More recent reports for cases
|
Berry v Secretary of State for Environment, Food and Rural Affairs (QBD) (2007) 24 FW 3,5 |
| R (Godmanchester Town Council) v Secretary of State for the Environment, Food and Rural Affairs (HL) – see 3.3.9 page 53 [2007] UKHL 28, [2008] 1 AC 221, [2007] 4 All ER 273 |
Cases referred to in the supplements
|
Page |
||
| 30 | Commissioner of the Police for the Metropolis v Kay [2007] EWCA Civ 477 | link |
| 56 | Housden v Conservators of Wimbledon and Putney Commons [2008] EWCA Civ 200 | link |
| 53 | Norman and Bird v Secretary of State for Environment, Food and Rural Affairs [2007] EWCA Civ 334 | link |
| 332 | R (Chaston) v Devon CC [2007] EWHC 1209 (Admin) | link |
| 51, 53 | R (Godmanchester Town Council) v Secretary of State for Environment, Food and Rural Affairs; R (Drain)) v Secretary of State for Environment, Food and Rural Affairs [2007] UKHL 28, [2007] 3 WLR 85, [2007] 4 All ER 273 | link |
| 328 | R (Horvath) v Secretary of State for Environment Food and Rural Affairs [2007] EWCA Civ 620 | link |
| 192 | R (Manchester City Council) v Secretary of State for Environment, Food and Rural Affairs [2007] EWHC 3167 (Admin) | link |
| 192 | R (Hockerill College) v Hertfordshire CC ([2008] EWHC 2060 (Admin)) | link |
| 214 | R (Ramblers’ Association) v Secretary of State for Defence [2007] EWHC 1398 (Admin) | link |
| 107, 108 | R (Warden and Fellows of Winchester College) v Hampshire CC [2007] EWHC 2786 (Admin) | link |
| 107, 108 | R (Warden and Fellows of Winchester College) v Hampshire CC [2008] EWCA 431 | link |
| 221 | Ramblers’ Association v Coventry City Council [2008] EWHC 796 (Admin) | link |
Statutes and conventions
Links and downloads
|
Acts since 1988 (as originally enacted) : OPSI website |
link |
| Statute Law Database (current legislation) | link |
| Rights of Way Act 1932 : text of Commons Society publication with commentary | download |
| Superseded definitive map legislation | download |
Additional statutes referred to in the supplements
|
Page |
||
| Tribunals, Courts and Enforcement Act 2007 c15 | ||
| 331 | s 141 | link |
Regulations and orders
Links and downloads
|
Statutory Instruments (regulations and orders) since 1987 (as originally enacted) : OPSI website |
link |
| Statute Law Database (current regulations and orders) | link |
| Superseded definitive map legislation | download |
Additional regulations and orders referred to in the supplements
| page | link to regulation | |
| 684 | Controls on Dogs (Non-application to Designated Land) (Wales) Order 2007 SI 2007 No 701 | link |
| 261, 282 | Countryside and Rights of Way Act 2000 (Commencement No.9 and Saving) (Wales) Order 2006 SI 2006 No 3257 | link |
| 194 | Countryside and Rights of Way Act 2000 (Commencement No. 12) Order 2007 SI 2007 No 1493 | link |
| 56 | Countryside and Rights of Way Act 2000 (Commencement No. 13) Order 2007 SI 2007 No 2335 | link |
| 261, 282 | Countryside and Rights of Way Act 2000 (Commencement No. 14) Order 2007 SI 2007 No 2595 | link |
| 193 | Crime Prevention (Designated Areas) Order 2007 No 1829 | link |
| 56 | Dedicated Highways (Registers under Section 31A of the Highways Act 1980) (England) Regulations 2007 SI 2007 No 2334 | link |
| 324 | Environmental Information Regulations 2004 SI 2004 No 3391 | link |
| 621, 676, 684 | Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2007 SI 2007 No 175 | link |
| 621, 676, 684 | Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Wales) Regulations 2007 SI 2007 No 739 | link |
| 194 | Highways (SSSI Diversion Orders) (England) Regulations 2007 SI 2007 No 1494 | link |
| 25 | Home Information Pack Regulations 2007 SI 2007 No 992 | link |
| 25 | Home Information Pack (Amendment) Regulations 2007 SI 2007 No 3301 | link |
| 25 | Home Information Pack (No. 2) Regulations 2007 SI 2007 No 1667 | link |
| 25 | Home Information Pack (Revocation) Regulations 2007 SI 2007 No 1525 | link |
| 25 | Housing Act 2004 (Commencement No. 8) (England and Wales) Order 2007 SI 2007 No 1668 | link |
| 25 | Housing Act 2004 (Commencement No. 9) (England and Wales) Order 2007 SI 2007 No 2471 | link |
| 25 | Housing Act 2004 (Commencement No. 10) (England and Wales) Order 2007 SI 2007 No 3308 | link |
| 311 | Local Access Forums (England) Regulations 2007 SI 2007 No 268 | link |
| 303 | National Park Authorities (England) Order 2006 SI 2006 No 3155 | link |
| 221 | National Park Authorities' Traffic Orders (Procedure) (England) Regulations 2007 SI 2007 No 2542 | link |
| 221 | Natural Environment and Rural Communities Act 2006 (Commencement No. 1) (England) Order 2007 SI 2007 No 2540 | link |
| 26 | Police Reform Act 2002 (Standard Powers and Duties of Community Support Officers) Order 2007 SI 2007 No 3202 | link |
| 176 | Public Rights of Way (Combined Orders) (England) Regulations 2008 SI 2008 No 442 | download |
| 122, 226 | Rights of Way (Hearing and Inquiry Procedure) (England) Rules 2007 SI 2007 No 2008 | link |
| 20 | Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) Order 2007 SI 2007 No 930 | link |
| 20 | Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) (Amendment) Order 2007 SI 2007 No 1387 | link |
| 158, 302 | Street Works (Registers, Notices, Directions and Designations) (England) Regulations 2007 SI 2007 No 1951 | download |
| 158, 302 | Street Works (Registers, Notices, Directions and Designations) (Wales) Regulations 2008 SI 2008 No 101 | download |
| 391 | Town and Country Planning (Control of Advertisements) (England) Regulations 2007 SI 2007 No 783 | link |
| 196 | Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2008 | download |
| 331 | Tribunals, Courts and Enforcement Act 2007 (Commencement No. 3) Order 2008 SI 2008 No 749 | download |
Circulars and guidance
Scroll down for additional circulars and guidance referred to in the supplements to the chapters.
Links and downloads
|
Code of Practice - Rights of Access: services to the public, public authority functions, private clubs and premises : Disability Rights Commission, 2006 |
link |
| Countryside and Rights of Way Act 2000 : Department of the Environment, Transport and the Regions circular 4/2001 | download |
| Disability Discrimination Act 1995 : guidance issued by the Secretary of State on matters to be taken into account in determining questions relating to the definition of disability : Department for Work and Pensions, 2006 | link |
| Guidance relating to the making of gating orders : Home Office, 2006 | link |
| Part 6 of the Natural Environment and Rural Communities Act 2006 and Restricted Byways : A guide for local authorities, enforcement agencies, rights of way users and practitioners : Defra, 4th edition, November 2006 | link |
| Part I of the Countryside and Rights of Way Act 2000: Access to the countryside : Defra circular 02/2004 | download |
| Planning for Open Space, Sport and Recreation : Department for Communities and Local Government, PPG 17, 2002 | link |
| Planning Obligations : Office of the Deputy Prime Minister, circular 05/2005 | link |
| Register of definitive map modification order applications : Guidance for English surveying authorities to accompany Statutory Instrument 2005 No 2461 : Defra, December 2005 | download |
| Rights of way improvement plans : guidance to local highway authorities : Defra, 2002 | link |
| Surveys and maps of public rights of way for the purposes of Part IV of the National Parks and Access to the Countryside Act, 1949 [Commons, Open Spaces and Footpaths Preservation Society] | download |
| Superseded definitive map guidance | download |
Additional circulars and guidance referred to in the supplements
| page | link to circular / guidance | |
| 176 | Combined Orders and the power to include modifications in other orders (Defra, 2008) | link |
| 391 | Department for Communities and Local Government Circular 03/2007 : Town and Country Planning (Control of Advertisements) (England) Regulations 2007 | link |
| 297 | Guidance for Local Authorities on Implementing the Biodiversity Duty (Defra, 2007) | link |
| 221 | Guidance for National Park Authorities making Traffic Regulation Orders under section 22BB Road Traffic Regulation Act 1984 (Defra, 2007) | download |
| 304 |