PannageMan

Hugh's PannageMan blog can be reached here, but the blog software provided by his web host is a bit underwhelming. One aspect is that it features a lamentably poor index. So here are all the blogs indexed in one place.

• Statutory exceptions to CROW path extinguishment — unrecorded rights of way are at risk of extinguishment in 2031. Some exceptions to extinguishment are in the gift of Ministers, but what are the statutory exceptions which can be relied upon? (17 January 2024)
• Not wild about camping — the judgment of the High Court which finds that there is no right to wild camp on Dartmoor's commons (14 January 2023)
• 2026 and all that — the Government's decision to abandon implementation of the 2026 extinguishment of unrecorded historical rights of way (17 February 2022)
• Extinguishing effect on widths of paths under Part II of the Countryside and Rights of Way Act 2000 — an analysis of the reputed effect of the CROW Act in extinguishing under-recorded widths of rights of way (20 June 2021)
• Luppitt 2: the Devonian disease — contagion — following the quashing of an inspector's decision to refuse to confirm an order to add three footpaths to the definitive map in Luppitt, Devon, the redetermination of an inspector in the same case is also quashed — and on similar grounds (11 September 2020)
• Revocation and variation of public path orders — powers to revoke or vary previously-confirmed public path orders (19 May 2020)
• An unexplained curiosity — In the Supreme Court in Lancashire, the court referred to the 'unexplained curiosity' that the Commons Registration Act 1965 provides for the conclusive status of registered town or village greens, but no similar provision is made in the Commons Act 2006. Why not? (28 March 2020)
• The Devonian disease — An inspector's decision refusing to confirm two definitive map modification orders is quashed: the orders sought to add three footpaths to the definitive map in Luppitt, Devon, based on historical evidence. (10 May 2019)
• What makes an application? Dealing with s.53(5) applications — What makes an application for a definitive map modification order? Some surveying authorities say an application must be notified to landowners before it can be registered. With the 2026 cut-off looming, timely registration of applications is likely to become key. (15 April 2019, first published in Waymark, the journal of the Institute of Public Rights of Way and Access Management, in January 2019)
• From a Wild Frontier to the Promised Land? — John Andrew's review of a lifetime spent battling to save and maintain public rights of way in Suffolk
• A limitation on TCPA orders? — questioning the widely held belief that public path orders made under s.257 of the Town and Country Planning Act 1990 cannot impose limitations on any new path created by the order. (8 July 2018, first published in Waymark, the journal of the Institute of Public Rights of Way and Access Management, on 13 April 2018)
• The Stody Estate and cross compliance — after the High Court quashes the cross compliance penalty imposed by the Rural Payments Agency on the Stody estate in Norfolk, notwitstanding an employee convicted of poisoning raptors in 2014, what does this mean for future cross compliance enforcement? (10 April 2018)
• DMMO applications: paragraph 1 compliance — does it matter if an application for a definitive map modification order is not fully compliant with para.1 of Sch.14 to the Wildlife and Countryside Act 1981? (27 August 2017)
• Directions for all — those who wish to speed up determination of their application for a definitive map modification order need only apply to the Secretary of State under para.3(2) of Sch.14 to the Wildlife and Countryside Act 1981 (22 July 2017)
• Cycling on common land — received wisdom is that it's an offence to cycle on commons subject to s.193 of the Law of Property Act 1925. But is it? (5 July 2017)
• A diverting story — what happens if a footpath subject to unrecorded higher rights is diverted by statutory order? (11 December 2016)
• Restoring the record in East Kent — about the voluntary work I do, primarily for the British Horse Society, in seeking to put unrecorded bridleways in East Kent onto the definitive map (11 November 2016)
• The withered arm — How rights of way in one of the most popular walking areas in England are being lost to local government cuts (5 July 2016)
• The end of prescription on commons? — The decision of the Court of Appeal in Littlejohns rules out any possibility of acquiring rights of common on registered commons after 1950 (10 May 2016)
• The Somerford case: highways and village greens — Registering alleged highway land as a town or village green in the Somerford case (22 March 2016)
• Biological survey data online — the colossal outputs of the University of Wales research into commons are finally wholly online (29 December 2015)
• Gov.uk on commons — Reviewing the latest version of Defra's online advice on common land (6 December 2015)
• Updating the commons registers (1) — How Part 1 of the Commons Act 2006 provides for the commons registers to be kept up-to-date (in the pioneer areas) (13 October 2015)
• SPS on common land: claims for underpayment (18 September 2015)
• Commons reregistration in Cornwall:EIR disclosures — The Country Land and Business Association lobbies Ministers about the re-registration of common land in Cornwall (10 September 2015)
• Registering land omitted by mistake: applications under s.19 — How the introduction of provision throughout England to apply for the purposes of s.19(2)(a) of the Commons Act 2006 enables the registration of previously omitted areas of common land (2 August 2015)
• Bodmin Moor Commons Council — An order is made to create a commons council for the Bodmin Moor commons (17 July 2015)
• Andrews 2: the end of the (bridle) road — The decision of the Court of Appeal in Andrews 2 signals an end to uncertainty about public paths awarded under powers incorporating the General Inclosure Act 1801 (6 July 2015)
• 'Other routes with public access' (ORPA) — What do the red/green dots on Ordnance Survey leisure mapping mean? (7 June 2015)
• We're all in this together? — Are user groups working together to complete the definitive map of public rights of way? (19 May 2015)
• Prescription for rights of common reaches the courts — Litigation in the High Court on whether rights of common can be established by prescription over registered common land (see the later blog on the Court of Appeal judgment) (29 March 2015)
• Direct payments on common land — A new methodology for calculating direct payments on common land (17 March 2015)
• The Bodmin Moor Commons Bill resurrected — Legislation to manage the Bodmin Moor commons is revived under Part 2 of the Commons Act 2006 (15 March 2015)
• Bradley Lane or Bradley Path? — The Trail Riders Fellowship unsuccessfully challenges a definitive map modification order to record an unclassified county road as a bridleway (26 February 2015)
• Decision making in local authorities with executives — Regulating how certain decisions on rights of way cannot be devolved to the executive of a local authority (15 February 2015)
• Warcop: the army in retreat — The Ministry of Defence withdraws its application under s.13 of the Commons Registration Act 1965 to deregister the Warcop training area commons (3 February 2015)
• Up the garden path — A challenge in the Powell and Irani case to a decision to confirm a definitive map modification order to record a footpath along the alignment from which it had previously been diverted (29 January 2013)
• Commons registration rules: what's changed? — Changes to the regulations governing applications under Part 1 of the Commons Act 2006 (14 December 2014)
• Commons registration: one and a half steps forward — Part 1 of the Commons Act 2006 is extended to two new pioneer areas, and brought into force throughout England for the purposes of applying for deregistration (18 November 2014)
• Andrews 2: anticipating the appeal — Contemplating the appeal to the Court of Appeal in the Andrews 2 case on inclosure awarded public paths (for the outcome, see the later blog) (16 November 2014)
• Deregistration of Warcop common — The Ministry of Defence announces its plan to proceed with deregistration of the Warcop commons (8 November 2014)
• Restriction on award of costs in the magistrates' court — The powers of a magistrates' court to award costs to third parties intervening in a complain (28 August 2014)
• Wimbledon and Putney Conservators in the Court of Appeal (again…) — A challenge in the Court of Appeal to the conservators' powers to grant an easement to a third party (16 July 2014)
• Andrews 2 in the High Court — The decision at first instance in the Andrews 2 case on inclosure awarded public paths (for futher discussion, see the later blog) (8 May 2014)
• OS maps in the Supreme Court — The decision of the Supreme Court in the Dorset case on the scale of a map to be used in an application for a definitive map modification order (3 April 2014)
• Andrews twenty years on: inclosure awarded paths revived? — Anticipating the decision at first instance in the Andrews 2 case on inclosure awarded public paths (for the outcome, see here, and for futher discussion, here) (20 March 2014)
• Longer lets for common rights in Wales — The Welsh Government extends the period for which rights of common may be temporarily let (3 March 2014)
• Electronic commons registers for Wales — The Welsh Government's plans to convert the registers of common land into an electronic form (13 February 2014)
• Village greens in the Supreme Court: the tide turns — Betterment and Paddico: should a wrongful decision to register a town or village green be overturned, even years after the event? (5 February 2014)
• Commons Act Part 1 extended — Defra's announcement to extend implementation of Part 1 to two new pioneer areas (9 January 2014)
• New controls on town and village greens — New trigger events to exclude applications to register town or village greens (10 December 2013)
• EFRA committee reports on commons and CAP reform — The EFRA committee's report into CAP reform, including its relationship with farming on common land (3 December 2014)
• Movement controls on commons — New pre-movement testing for cattle heading to or from common land (28 November 2013)
• A commons council at last! — An order is made to establish the first ever commons council, for Brendon common (22 November 2013)
• High Court defeat for Friends of Putney Common — An unsuccessful challenge in the High Court to the powers of the Conservators for Wimbledon and Putney Commons to grant an easement to a third party (for the outcome on appeal, see here) (12 November 2013)
• Penwith commons registered — Successful application by Save Penwith Moors to register Carnyorth and other commons as waste of the manor (11 November 2013)
• Corby Beck Wood — A challenge by Norbrook Laboratories Ltd to the powers of management vested in the local authority by a scheme made under Part I of the Commons Act 1899 (8 November 2013)
• New Forest SPS challenge — An unsuccessful challenge in the Bickford-Smith case to the basis of Single Payment Scheme payments in the New Forest (4 November 2013)
• Brendon Commons Council consultation — Defra consults on proposals to establish a commons council for Brendon common (26 October 2013)
• Welcome to PannageMan — (23 October 2013)

Page last updated: 17 January 2024