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Inquiries

Land at Connaught Avenue, Frinton-on-Sea

DATE: 15 Jul 2014

 

This was an inquiry into objections to a definitive map modification order to add a footpath to the definitive map. The claimed footpath ran between two buildings.  There was good evidence of use as of right over a 20 year period, but there was also good evidence that the landowner had locked a gate blocking the way every Christmas for most of this period.  However none of the users recalled trying to use the way at Christmas.  The Inspector concluded that, because the attempts by the landowner to signify that he had no intention to dedicate had not been brought home to the public, they had been ineffective.  The decision was unsuccessfully challenged (see Ali v SSEFRA [2015] EWHC 893 (Admin)). 

Richard Langham appeared for the objector, on a public access basis.