Wednesday, 7 October 2015

Maulden Footpath No. 28 - Again

The Maulden Footpath No. 28 SAGA continues.

In 2008, Mr Bowers of Maulden made an application to delete Maulden FP28 from the Definitive Map, following unsuccessful attempts to extinguish it under the Highways Act 1980. Central Bedfordshire Council refused the application in 2013. Mr Bowers appealed against that refusal to the Secretary of State. The Secretary of State appointed an inspector to consider the appeal. The inspector decided that it should be refused. Mr Bowers applied for a judicial review of that decision, and was successful. The decision was quashed on the grounds that the inspector who considered the appeal erred in law when he refused to hear evidence which had not been considered by the Council Committee which decided to refuse Mr Bowers’ application in 2013. The appeal had to be re-determined.

A public inquiry was held in September 2015.

On 2nd October 2015, the inspector concluded that the Appeal should be refused. Central Bedfordshire Council’s decision not to make an order to delete the footpath is upheld. I’m pleased to say that Maulden Footpath No. 28 remains - for the time being.