Callow Drove public bridleway challenge

This was a challenge to the decision of the Planning Inspectorate to dismiss an appeal by the Claimant, Venetia Craggs, against the decision of Somerset County Council not to make a definitive map modification order under s.53(2) of the Wildlife and Countryside Act 1981.

The Claimant had applied to add a bridleway/restricted byway/byway open to all traffic to the route known as Callow Drove (“the Route”). The issue came down to whether the Shipham and Winscombe Inclosure Award of 1799, drawn up by enclosure commissioners, was effective to create a public bridle road over the Route. The judge, Mrs Justice Lieven, quashed the Inspector’s decision on the basis that the commissioners had the power to create public bridle roads, separate from public carriage roads, and without any requirement for a specified width or maintenance; that the creation of a public bridle road along the route was ultra vires; and that the tests for substantial severability were met – in so far as the Award created a public carriage road that is ultra vires, but the creation of a public bridle road along the Route is not.