Case Law for Order Making

1 November 2018

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.


Registration and refreshments from 9.30, start 10.00, finish 16.30.

Main topics

1 Modification Orders:

    • Checking applications are ‘duly made’
    • Assessing and interpreting evidence
    • Considering dead-ends, width and other situations
    • Tests A and B

2 Public Path Orders:

    • Use of creation agreements
    • Temporary circumstances
    • Public and private interests
    • Expediency

3 Finding case reports; understanding reports, their terminology and citations


Intermediate.  The course is designed for people undertaking assessment of modification order applications who may be inexperienced, or who need to catch up on important case law following breaks or changes in job, or needing to refresh their understanding as a team leader.


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.



Committee Room 6
Civic Offices
Euclid St

The Civic Offices are Swindon Borough Council’s base in central Swindon.  It is about ten minutes walk from the railway station and from nearby car parks.  Travel information is available here.

Price & Booking

£245 (exc VAT) members

£344 (exc VAT ) non-members

Includes refreshments but does not include lunch (price reduced accordingly).  There are shops close by.

To book a place contact