Conflict of Evidence: No Resolution?

In a ‘user evidence’ order relying on s.31 of the Highways Act 1980, you need a ‘bringing into question’ date from which to count back twenty full years of user, next before. In the decision letter for a claimed public footpath in the Lake District, FPS/Q9495/7/32, Inspector Susan Doran cannot identify an event that brings the claimed right into question, and she declines to confirm the order as a consequence. But hold on … didn’t the CRoW Act sixteen years ago introduced a default ‘bringing into question of the date of the application (if there was an application)? Yes it did. Was that alternative considered here? No it was not. Click this link for the full report.

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