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The High Court held that a 150-metre stretch of road running through the plaintiff’s farmyard is not a public road or public right of way, but instead constitutes a private road or private right of way for the successors to the original donor’s land. The plaintiff successfully argued, and the court accepted, that public use was minimal, limited to descendants of neighbouring landowners and occasional tolerated neighbourly use, with no evidence of works or maintenance by the local authority. The court further found the local authority could not demonstrate formal steps or statutory compliance in taking the road in charge, rejected assertions of estoppel and laches, and declined to award damages due to lack of pleaded cause of action.
public right of way – private right of way – private road – local authority – road taken in charge – relief sought: declaration road is not public – planning applications – use by public – maintenance and works evidence – burden of proof – estoppel – laches (delay) – Section 11(5) Certificate – neighbourly use – Roads Act 1993 – Local Government Act 1953 – onus of proof – presumption of regularity (omnia praesumuntur rite esse acta) – statutory function of taking in charge – declaration relief
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