Chapter 2 : Public rights of way
Links and downloads referred to in the text of Chapter 2
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| 38 | Advice Note 16 : Widths on orders (Planning Inspectorate, 2007) | download |
| 38 | Out in the country: your rights and responsibilities (Natural England, CA9, revised 2007) | download |
| 38 | Practice Guidance Note 5: Investigating the status and existence of public rights of way (Rights of Way Review Committee, revised December 2007) | link |
Supplement to the text of Chapter 2
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| 11 | 2.2 In R (Smith) v Land Registry (Peterborough Office) (2009), the owner of a caravan claimed possession of land on which the caravan had stood for more than 12 years. The Registry rejected the application on the ground that the land on which the caravan stood was public highway, and public highway could not (Harvey v Truro District Council (1903)) be extinguished by adverse possession. The court upheld the Registry’s decision. | link to judgment |
| 20 | 2.4.3, footnote 38, additional sites have been designated by the Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) Order 2007, as amended by the Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) (Amendment) Order 2007. |
link to order link to amendment order |
| 25 | 2.5.3, final paragraph. From 14 December 2007 the requirement to produce a Home Information Pack applies to all types of properties by virtue of the Housing Act 2004 (Commencement No. 8) (England and Wales) Order 2007, the Housing Act 2004 (Commencement No. 9) (England and Wales) Order 2007 and the Housing Act 2004 (Commencement No. 10) (England and Wales) Order 2007. The regulations prescribing the contents of packs are now the Home Information Pack (No. 2) Regulations 2007 as amended by the Home Information Pack (Amendment) Regulations 2007. | link to No. 2 regulations |
| 26 | 2.6.2, third paragraph. Police community support officers now have powers to issue fixed penalty notices to people cycling on footways: the Police Reform Act 2002 (Standard Powers and Duties of Community Support Officers) Order 2007. | link to Order |
| 30 | 2.6.6, footnote 87, the decision of the High Court in Kay was overturned by the Court of Appeal in Commissioner of the Police for the Metropolis v Kay (2007). The case concerned a recurrent event (named Critical Mass) in which pedal cyclists met at the same place in London at 6pm on the last Friday of each month and, having no fixed, settled or predetermined route, end time or destination, followed the route taken by whichever cyclist happened from time to time to be in the lead. The police notified participants that the event was illegal in that no notification had been given as required by section 11(1). A participant sought a declaration that the rides were not public processions of which notice was required to be given to the police. In Kay v Commissioner of Police of the Metropolis (2008) the House of Lords held (per Lord Phillips) that the event was a ‘procession’ within the meaning of section 11 but that, being one ‘commonly or customarily held’, by virtue of section 11(2) the requirement to give notice did not apply; (per Lord Brown) there being no organizers, the requirement to give notice did not apply. Consequently, the exception under section 11 (2) did not arise. The event was therefore not illegal. |
link to CA decision link to House of Lords decision |
| 37 | 2.8.2 Where a landowner who owns land adjoining a highway that for part of its width has a made up or metalled surface ‘fences against the highway’ (i.e., erects a fence or wall to, e.g., retain livestock from straying onto the highway, or to prevent people entering his land from the highway, or both), ‘there is a rebuttable presumption that the land between the fence and the made up or metalled surface of the highway has been dedicated to public use as a highway and accepted by the public as such.’ Per Laws, LJ, Sinclair v Kearsley and Salford City Council (2010). (I.e. the land is highway verge.) | link to judgment |
| 38 | The Department for Transport has published new and revised guidance on self-balancing scooters, motorised scooters and miniature motorcycles | link |
| 38 | The Department for Transport published in July 2009 details of the regulations applying to electrically-assisted pedal cycles | link |
| 38 | The Planning Inspectorate published a new version of Advice Note 16 (see above list) in September 2009. | |
| 38 | Further Reading A new edition of Out in the Country was published in 2007 by Natural England (see above for link). |