An update on both of my ongoing applications for those still interested:
I have chased my set aside application with the Admin Court on 18th May and received the reply on 20th :
Would you please confirm safe receipt of our application for the judgment to be set aside dated 30th March 2015? It was sent seven weeks ago and was signed for by Joe Bloggs on 1st April 2015.
Dear Mrs P
I can confirm that this application was received and is currently being dealt with.
Administrative Court Office /Upper Tribunal Immingration and Asylum Chamber
I have also chased my appeal regarding my Definitive Map Modification Order dated 14.07.2009.
WILDLIFE AND COUNTRYSIDE ACT 1981 SECTION S14
Devon County Council
Application for a direction to modify the Definitive Map to delete a public footpath from Queen Street to Glebe Yard, Northlew, Okehampton, and to add a public footpath from Station Road to Glebe Yard
Dear Ms P, the determination time for Schedule 14 appeals is approximately 26 weeks from the receipt of an appeal. Therefore, for this case, we would endeavour to have the Appeal Decision issued by 11 June 2015.
(Rights of Way Section)
The Planning Inspectorate
The Inspector’s decision by the 11th will have to be published on PINS website http://www.planningportal.gov.uk/planni ... 4decisions
Guidance on the law relating to the continuous review of the Definitive Map and Statement of Public Rights of Way
[DOC]Guidance ANNEX A - Council
It has eventually been acknowledged by Devon County Council after court action, that there is a footpath to be maintained by the Devon Council from Kimber Road to Glebe Yard. The entire area of land from Kimber Road to Glebe Yard is former Glebe land. Glebe Yard has a separate OS parcel, number 342 which adjoins Station Road and does not adjoin Queen Street. The Definitive Statement in 1950 describes the definitive alignment of Northlew Footpath No. 3 as running between County Road C.463 and Unclassified County Road. It records that it starts at County road C.463 which is Station Road. Queen Street is an Unclassified County Road.
It was reflected subsequently in Randall v. Tarrant  1 W.L.R. 255 where Lord Evershed M.R. said, at p. 259: "The rights of members of the public to use the highway are, prima facie, rights of passage to and from places which the highway adjoins."
The owner of former Glebe land held the legal capacity to dedicate an exit from Glebe Yard onto Station Road. The owner of former Glebe land lacked the legal capacity to dedicate an exit from Glebe Yard onto Queen Street.
The Inspector is going to have to put one hell of a spin on the evidence and contradict published guidance in order to refuse a direction to modify, but I am sure that he/she will manage it.