Rights of Way and Highways:
Merrow gained significant experience of rights of way law through her involvement in the Proposed Network Rail (Essex and Others Level Crossing Reduction) Order, the Proposed Network Rail (Cambridgeshire Level Crossing Reduction) Order and the Proposed Network Rail (Suffolk Level Crossing Reduction) Order. She also recently successfully represented a town council at a 9-day inquiry into a section 53 DMMO application over a level crossing (see here).
Recent experience also includes:
- Successfully representing at inquiry an applicant for a DMMO under section 53 Wildlife and Countryside Act 1981 (see here).
- Advising a local authority on matters relating to a public footpath diversion order under section 257 of the Town and Country Planning Act 1990.
- Advising a local authority on procedural matters relating to the application of section 37 of the Highways Act 1980 (whereby highways created by dedication may become maintainable at public expense).
- Acting as junior counsel to Richard Honey for Dorset County Council in response to a claim for judicial review against the decision to maintain an advisory one-way routing system of HGV traffic. The claim was subsequently withdrawn.
- Advising a developer on the appropriate application of section 278 agreements to be entered into with the highways authority.
- She is regularly instructed to represent both councils and applicants at rights of way inquiries.
Village Greens and Commons:
Merrow has been involved in a variety of matters relating to the law on village greens and common land. Merrow’s experience includes:
- Advising a local authority on the scope of section 19(2)(a) of the Commons Act 2006 (concerned with correcting a mistake made by the commons registration authority in making or amending an entry on the register) and procedural matters related to this.
- Advising a local authority on when and how prescriptive rights of way may be acquired over land subject to public rights.
- Assisting in drafting the skeleton argument for an objector to a village green inquiry, addressing a number of procedural issues including the operation of “trigger events” under Schedule 1A of the Commons Act 2006.
- Assisting in advising registration authorities on the existence of implied powers both in relation to their dealings with village green applications and to orders to de-register and/or exchange common land.
- Providing pro bono advice to a local residents’ group in relation to the requirements for an application to de-register common land.