Highways, Commons and Open Spaces

FTB is acknowledged by the leading legal directories as a leader in the field of town and village greens, common land, rural affairs and rights of way and highways.

Barristers regularly appear at public and statutory inquiries and in court and advise on matters relating to:

Registration and de-registration of Town and Village Greens and Commons
Rights of way including footpaths, byways, bridleways, cycle tracks and the England Coastal Path
Highways including DCOs
Use of open space
Land designations (AONB, National Parks)
Level crossings
Map Modification Orders
Traffic Regulation Orders
Stopping Up Orders
Rural planning matters

Regular clients include Government, public authorities, statutory consultees, campaign and amenity organisations, land owners and private individuals.

Over the years, members of Chambers have appeared in almost all the major cases in the courts relating to town and village greens, including four of the leading Supreme Court cases: Combined appeals in R (Lancashire County Council) v Secretary of State for the Environment, Food and Rural Affairs and another, and R (NHS Property Services Ltd) v Surrey County Council and another (conjoined appeals), Lewis v Redcar, Barkas v North Yorkshire CC and Newhaven.

Richard Honey KC is an editor of the third edition of Gadsden & Cousins on Commons and Greens, the definitive text book on this subject. Annabel Graham Paul contributed the chapter on Wales. Research assistance was provided by Daisy Noble.

Ned Westaway is an author of sixth edition of Highways Law, a popular and well-established text covering all aspects of the law governing highways.

10

Dec' 25

Emma Rowland Acted Successfully for the British Horse Society in an Inquiry Concerning a Definitive Map Modification Order

On 3rd December 2025, Inspector Tregembo issued her decision proposing the confirmation of Thwaite Lane as a restricted byway in its full length. This followed a two day inquiry on the 30th September and 1st October 2025 where Emma Rowland acted unled.

29

Sep' 25

High Court on Highway Widths: Wilkins v Secretary of State for Environment, Food, and Rural Affairs [2025] EWHC 2435 (Admin)

The High Court has handed down judgment dismissing a challenge to an inspector’s decision to confirm a Definitive Map Modification Order (the Kent County Council (Restricted Byway AB27 at Tenterden) Definitive Map Modification Order 2021).

"FTB Chambers has an excellent group of Planning & Environment barristers with a wide range of experience and a willingness to assist wherever possible."

Legal 500, 2026

"Francis Taylor Building fields barristers well-versed in inquires, court appearance and advisory work on village greens, rights of way, highways and rural planning matters."

Legal 500, 2025

"FTB is an excellent set with first-rate barristers. I always have confidence in their ability to handle complex and sophisticated matters."

Chambers and Partners, 2023

"FTB enjoys a strong reputation for rural planning and environmental law. Members are particularly recognised for their strength in town and village green matters, as well as development and rights of way disputes."

Chambers and Partners, 2022

"Barristers at the set are equipped to handle a variety of disputes arising in rural settings, including those concerning the Wildlife and Countryside Act 1981 and the Highways Act 1980. Member of FTB regularly contribute to leading textbooks."

Chambers and Partners, 2022

"Francis Taylor Building handles a wide array of agricultural matters, with particular strength in public law-related cases. Areas of strength include common land, town and village green applications, rights of way, and easements."

Legal 500, 2022

10

Dec' 25

Emma Rowland Acted Successfully for the British Horse Society in an Inquiry Concerning a Definitive Map Modification Order

29

Sep' 25

High Court on Highway Widths: Wilkins v Secretary of State for Environment, Food, and Rural Affairs [2025] EWHC 2435 (Admin)

25

Mar' 26

The Law of Public Rights of Way, Commons and Town or Village Greens Seminar (Hybrid)

The event will be chaired by Douglas Edwards KC a leading silk in this field who acted for the successful appellant in Lancashire CC v SSEFRA [2019] UKSC 58 and has appeared in the recent cases of Cotham School and Strack.

Contributors include Richard Honey KC, Meyric Lewis KC, Philip Petchey, Annabel Graham Paul, Ned Westaway, Charles Forrest, Merrow Golden, Brendan Brett, Michael Feeney, Stephanie Bruce-Smith, Claire Nevin and Armin Solimani.

It is designed to be accessible to lawyers, practitioners and interested individuals at all levels, recognising the wider public interest in the footpath and open space network.

This seminar will address topical issues in the law of public rights of way, common land and town or village greens, including:

Deregistration of common land and town or village greens
Trigger events for town or village green applications
Statutory incompatibility
Public rights on common land and the implications of Darwall v Dartmoor
Landowner actions: signs and notices
The diversion of public rights of way
The cut-off date for definitive map modification orders and update on the Deregulation Act 2015 amendments
Section 31, interruptions, and foot and mouth disease in light of Ramblers’ Association
The King Charles III Coast Path
The Aarhus Convention
Review of recent appeal decisions