Schedule 14 Appeal

What is it?

Applications to record paths on the definitive map of rights of way have to be made in accordance with Schedule 14 of the Wildlife and Countryside Act 1981.

If the surveying authority (the unitary authority or county council, as appropriate) turns down the application for an order modifying the definitive map and statement, the applicant has a right of appeal to the Secretary of State. No other person can make an appeal against the decision.

How does it work?

Appeals are handled by the Planning Inspectorate, based in Bristol. The rights of way casework team there allocates Inspectors to determine the appeals on behalf of the Secretary of State. They are usually (but not exclusively) handled by written representations.

If the appeal is successful, and the council is told to make an order, there is no obligation on the council to support it, and in some circumstances, councils have been known to object to orders that they were compelled to make, against their wishes. Other councils accept that they were found to be wrong by the apointed inspector.

The decision in a Schedule 14 appeal does not compel the Secretary of State to come to the same conclusion if he has to determine an order that has attracted objections under the Schedule 15 process.

Examples

Schedule 14 appeals have been successful for the following cases:
Tangley 12 (Hampshire) (2020); Bushey 76 Finch Lane (2018); Bushey 40 (2010); Watford Rural 32 (2007); and Ridge 27 Packhorse Lane (1994).