"If a “way” is recorded on the definitive map, it means the public has a right of way over it. Under the Wildlife and Countryside Act 1981, local highway authorities are obliged to review their definitive maps and, on their own initiative or on application by any person, to make an order modifying the definitive map."
Writing in the Sunday Times, planning partner Alex Ground answers a reader's question concerning a council order, asking him to demolish his garden. She explains both of the relevant issues and adds that the likely solution will involve applying to have the definitive map modified.
The full article is available to read by subscription to the Sunday Times.
Alex is a partner in the real estate team. She advises on all aspects of planning, highways and compulsory purchase including planning applications, appeals, negotiating s106 agreements, challenges and enforcement.
She acts mainly for property developers, strategic land owners, property owners, energy companies and private individuals on a complete range of projects from major development projects to those for individuals.