Case Law for Order Making
Understanding case law relevant to applications for Modification Orders and Public Path Orders is important to avoid making fundamental errors in assessment of the quality of an application, or in proceeding to make a flawed order. Saving time and resources by avoiding pitfalls and following due process is important to councils and is needed to deal with applicants and landowners in an equitable and consistent manner.
There is considerably more case law relative to Modification than Public Path Orders, which will be reflected in the greater proportion of time being devoted to the former.
The course will consist of some pre-course reading to provide background and to consider a number of important cases and their application in different situations.
- Checking applications are ‘duly made’
- Assessing and interpreting evidence
- Considering dead-ends, width and other situations
- Tests A and B
Public Path Orders
- Use of creation agreements
- Temporary circumstances
- Public and private interests
Finding case reports; understanding reports, their terminology and citations
Intermediate. The course is designed for people undertaking assessment of applications for public path orders or modification order who may be inexperienced, or who need to refresh their knowledge on important case law.
Rosalinde Emrys-Roberts is a consultant who worked as Definitive Map Team Leader at Hertfordshire County Council for many years and is part of the Stakeholder Working Group which refined proposals to government resulting in the Deregulation Act.
Knuston Hall is a residential adult education centre in central England with en suite bedrooms. The Hall is off the A45, thirty minutes from the A1 or M1, and four miles from Wellingborough rail station, which is less than an hour from London St Pancras.
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