Contentious Issues


Please click on an item for further details.


Somerset TRF’s hand smacked on misguided use of 5-year user test - April 2012

List of Streets Exemption - update April 2012
What is a valid List of Streets under the NERC Act? The Appeal Court considers

Walna Scar Road – Restricted Byway Confirmed - update January 2012
TRF surrenders in the Lake District - Pre 1930 motor rights claim thrown out

Scale of Application Maps – TRF fight on in High Court - update January 2012
Against the TRF, GLPG wins Round One in Buckinghamshire, Round Two in Dorset and the fight continues in the High Court

Garburn Pass – Restricted Byway confirmed - update January 2012
TRF defeated in the Lake District - Pre 1930 motor rights claim thrown out

The Winchester Case + Maroudas - update February 2012
Update notes on R (oao Winchester College and Humphrey Feeds Ltd) v Hampshire CC and SoSEFRA, enhanced by Maroudas v SoSEFRA

Inspector Practices - update January 2011
Guiding the Planning Inspectorate

Yorkshire Dales National Park reinstates quashed TRO - update July 2010
Park Authority reverses legal setback on Traffic Regulation Orders

All identified evidence must be copied - June 2010
Applicants cannot select for copying purposes items of the evidence identified as being those which they "wish to adduce"

Making good applications with no identified evidence/list/date/signature - update March 2010
Defective BOAT claims - Maroudas appeal tightens the Winchester screw

Public Nuisance destroys BOAT arguments - February 2010
BOAT arguments founder due to aggressive off-roading

Authority’s application to itself - May 2009
Nottinghamshire County Council faces both ways on Winchester

Enforcement difficulties - update May 2009

Interpretation of legal points individually by inspectors - January 2009
An inspector introduces and wrongly decides a NERC Act point without reference to the parties

The 5-year mpv Main Lawful User Test - update February 2012
Interpretation evolves

Inspector Powers - June 2008
Inspector powers as to NERC Act exemption

Copies of documentary evidence - June 2008
What is a copy?

Unfinished earlier claims - February 2008
Must claims have been “outstanding” at May 2006 to gain exemption?

BOAT Cul-de-Sacs
West Berkshire’s initiative on cul-de-sac signs