Practice and Procedure

R (on the application of MJI (FARMING) LTD) v SECRETARY OF STATE FOR ENVIRONMENT, FOOD & RURAL AFFAIRS (2009)

PUBLISHED March 10, 2009
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[2009] EWHC 677 (Admin)

When assessing the need for a footpath under the Highways Act 1980 s.26 and whether it was expedient to create it, the test in s.26 was to be applied both to the principle of creating the footpath and also to the detail of the proposed footpath, including its alignment, length and width.

QBD (Admin) (Ian Dove QC)

10/03/2009

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