The Ramblers has lost a High Court case challenging how footpath diversion orders are approved in England and Wales – but the judgment has helped clarify the law. In what has become known as the ‘Bodicote case’, a path that goes past a centuries-old mill (pictured above) in the Oxfordshire parish had been the subject of a disputed diversion order that the Ramblers argued would make the route less convenient and enjoyable for walkers.
The Ramblers was keen to pursue a legal judgment that would set a precedent so that the heritage value of a footpath, the past conduct of the landowner and the cost to the public purse are taken into account when future diversion orders are decided.
“This all comes under the meaning of the word ‘expedient’, which twice appears in the enabling section – section 119 – of the Highways Act 1980,” says Eugene Suggett, senior policy officer at the Ramblers. “While we are disappointed that we couldn’t save the historic path at Bodicote, we are optimistic about several points made by the judge, clarifying the law in a way that will protect paths from unsuitable diversion in the future.”
Click here for our special feature on diversion orders and the law involved.