Local authority fails to establish evidence of public right of way

Notice to Treat from compulsory purchase order dated February 20th 2012 – dispute over whether lane constitutes a roadway and thus part of the public road – plaintiff claims there is as there is a declaration on the Notice stating it is so and seeks court order validating same – defendant claims such a categorisation is outside the scope of the Roads Act 1993 - defendant counterclaims for slander on the part of the plaintiff in declaring the lands to be public and for a declaration stating him to be the legal owner of Corban’s Lane – planning permission had been granted in 1974 – defendant and predecessor-in-title had asserted rights over property – plaintiff did not provide that a public right of way had been established at any time – acquiescence to flow of traffic onto their land not a dedication, implied or otherwise, of the land for public use or as a public right of way -plaintiff took no steps to make a declaration under Roads Act 1993 in respect of Corban’s Lane – plaintiff’s application refused – defendant legal owner of the private property and such declaration made – no grounds for counterclaim for slander, dismissed.