For those reasons, I knew I had to seek a judicial review of the Inspector’s decision. This would require a legal team consisting of solicitors and a barrister.

March 2010.  Supported by an eminent firm of Solicitors from Winchester who chose one of Lincoln’s Inn’s brightest and best barristers, we applied for Judicial Review of the Planning Inspector’s decision.

The application said that:

  “The Order had been made by the Interested Party (HCC) on 8th October 2008 at the direction of the Secretary of State as a result of a successful appeal by the Claimant (MCC) pursuant to paragraph 11 of Schedule 14 to the Wildlife and Countryside Act 1981 (the 1981 Act). Had it been confirmed and taken effect, it would have added lengths of bridleway to the Definitive Map and Statement for Hampshire (the Definitive Map)…….. This claim is for the Judicial Review of the decision of the Defendant (made on his behalf by an Inspector) not to confirm the Order.

The Decision Letter is challenged on three grounds:

1. that the procedure adopted on behalf of the Defendant by the Inspector at the Inquiry was contrary to public law principles of natural justice and/or was unfair and/or was in breach of the Planning Inspectorate’s published guidance as to the way in which such inquiries are conducted and/or was in breach of legitimate expectations held by the claimant as a result of that published guidance and/or contravened the Claimants right to a fair determination of her civil rights pursuant to Article 6(1) of the ECHR……

2. that the Inspector, on behalf of the Defendant, applied the wrong legal test to the question of whether there had been sufficient user by the public to establish bridleway rights pursuant to section 31 of the Highways Act 1980 and

3. that the conclusion reached by the Inspector on behalf of the Defendant that there was insufficient bridleway user by the public for the purpose of section 31 of the 1980 Act over section E-F of the Claimed bridleway was Wednesbury unreasonable i.e. was one which no reasonable Inspector acting on behalf of the Defendant could have reached.

Next time:    to be continued.

All 'TCHCC' Parts so far