Court of Appeal find for Winchester College and Humphrey Feeds Ltd in rights of way test case
Tuesday, 29 April 2008
Winchester College and Humphrey Feeds Ltd, represented by Knights, have won an appeal at the Court of Appeal in which they have sought to protect Twyford Down from damage by off-roaders.
Winchester College owns the land at Twyford Down where Hockley Golf Club is based. Humphrey Feeds Ltd is a local animal feed producer, which owns neighbouring farm land. Both were concerned that Hampshire County Council’s Order to recognise vehicular rights on a byway over the Down would lead to significant local environmental damage. The Court of Appeal, in a judgment that has nationwide implications, has said that the vehicular rights at Twyford were extinguished by the Natural Environment and Rural Communities Act 2006.