R (on the application of Network Rail Infrastructure Ltd.) v SSEFRA and Eden District Council and Story Homes [2017] EWHC 2259

Commonly known as 'the Appleby case' in Eden, Cumbria considering whether a planning condition prevented a stopping up order being confirmed. The route was a public footpath crossing the railway by a level crossing and affected by a new development which would potentially increase traffic on the footpath.

See also Court of Appeal decision.

R. (on the application of Network Rail Infrastructure Ltd.) v Secretary of State for Environment, Food and Rural Affairs Case No: C1/2017/2665 Court of Appeal (Civil Division) 21 September 2018 [2018] EWCA Civ 2069

Commonly known as 'the Appleby case' in Eden, Cumbria considering whether a planning condition prevented a stopping up order being confirmed. The route was a public footpath crossing the railway by a level crossing and affected by a new development which would potentially increase traffic on the footpath.