The appropriate method of challenging a modification order made under the Highways Act 1981 was by way of application under Sch.15 para.12 of the Act, and not by way of judicial review. In making the modification order, the planning inspector had wrongly ignored evidence as to vehicular user of the way after 1930 by reason of his mistaken ruling that such user was in contravention of s.14 Road Traffic Act 1930 (as re-enacted).

QBD (Roch LJ)

15/06/2000