Home > Cases > R (Maroudas) v Secretary of State for Environment Food and Rural Affairs [2010] EWCA Civ 280

An application under s 53(5) of the Wildlife and Countryside Act 1981 to upgrade a byway from a road used as a public path to a byway open to all traffic did not need to be made in a single document. The lack of a date and signature on the application might be cured by a letter sent shortly after the submission of the form but where no date or signature was supplied for ten weeks the statutory requirements in para 1 of Sch 14 to the 1981 Act had not been complied with. In the instant case the applicant’s failure to make clear the extent of the route which he wanted the local authority to upgrade, together with his failure to supply a map, were also departures from the strict requirements set out in Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993. Together the departures from the strict requirements required that the application be rejected.

The Court of Appeal so held allowing an appeal by Frederick Ian Maroudas from a decision of Judge Mackie QC [2009] EWHC 628 (Admin) sitting as a High Court judge on 9 March 2009 dismissing his application under para 12 of Sch 15 to the 1981 Act for an order quashing the decision of the Secretary of State for Environment, Food and Rural Affairs confirming as modified the Oxfordshire County Council Shiplake Restricted Byway 1 Modification Order 2007 made under section 53(2)(b) of the 1981 Act by the Oxfordshire County Council, following an application under s 53(5) by a local landowner, Mr Robin Drinkwater.

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