Guidance

Rights of way advice note 8: the definition of byway open to all traffic

The definition of byway open to all traffic: the effect of Masters v Secretary of State for the Environment, Transport and the Regions.

From:
Planning Inspectorate
Published
1 February 2001

This publication was withdrawn on

This advice note relates to policy and legal guidance matters, this responsibility falls outside of the remit of the Inspectorate. It has therefore been decided that rights of way advice notes produced by the Inspectorate will no longer be updated and will be archived on GOV.UK.

Applies to England and Wales

Documents

Rights of Way Section Advice Note No 8 - Advice on the Definition of Byway Open to All Traffic - the Effect of Masters v Secretary of State for the Environment, Transport and the Regions

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The High Court decisions in Nettlecombe, Masters, and Buckland & Capel resulted in confusion over the meaning of the phrase “but which is used by the public mainly for the purpose for which footpaths and bridleways are so used” found in the definition of byway open to all traffic (BOAT) in section 66(1) of the Wildlife and Countryside Act 1981. The Masters case in the Court of Appeal has clarified this. This Advice Note sets out the Planning Inspectorate’s view of the judgment.

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Published 1 February 2001

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