Practical Realities of Planning Decisions The House considered planning procedures adopted on the construction of two new stretches of motorway, and in particular as to whether the Secretary of State had acted unlawfully in refusing to allow objectors to the scheme to cross-examine the Department’s witnesses. Held: He had not acted unlawfully (Lord Edmud-Davies dissenting). … Continue reading Bushell v Secretary of State for the Environment: HL 7 Feb 1980
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The complainant has requested information relating to statutory notices issued under the Highways Act 1980. The Commissioner’s decision is that Dorset County Council has correctly applied the exception for manifestly unreasonable requests at . .
Appeal against refusal to confirm footpath diversion order. Judges: Lawrence Collins J Citations: [2007] EWCA Civ 1293 Links: Bailii Statutes: Highways Act 1980 119 Jurisdiction: England and Wales Land Updated: 12 December 2022; Ref: scu.270414
The Inspector had found that the landowner had, by overt acts directed at users of the way in question, including the erection of locked gates and of fencing and of notices, disproved any intention on his part to dedicate. Held: The landowner’s appeal succeeded. Laws J reflected on the conjunction in the statutory scheme of … Continue reading Jacques v Secretary of State for the Environment: CA 1995
Young men were barred from a shopping centre. The private company owner considered that their behaviour was a nuisance. Held: The owner had the right to determine any licence which the applicants might have had to enter the Centre. The local authority had not entered into any walkways agreement with the company which would have … Continue reading CIN Properties Ltd v Rawlins: CA 1995
A hot chestnut brazier was article ‘deposited on highway’ and was removable by a police constable. Citations: Times 07-Feb-1995 Statutes: Highways Act 1980 149 Jurisdiction: England and Wales Road Traffic Updated: 09 December 2022; Ref: scu.89064
The court considered the proposed diversion of a public footpath. Held: ‘ the expression ‘substantially less convenient to the public’ is eminently capable of finding a satisfactory meaning by reference to consideration of such matters as the length, difficulty of walking and purpose of the path. Those are features which readily fall within the presumed … Continue reading Young, Regina (on the Application Of) v Secretary of State for the Environment, Food and Rural Affairs and Another: Admn 12 Apr 2002
Laws pointed out that the law on dedication of had moved forward, saying: ‘Taking the passage cited from Scott LJ in Jones v Bates as a full and convenient description of the common law, it seemed that the material change effected by the statute of 1932 (and carried through to the Act of 1980) did … Continue reading Jaques v Secretary of State for the Environment: 1995
The claimant appealed against dismissal of his claim for personal injuries. He had tripped over an uneven pavement. The authority denied that the pavement was within its responsibility. The roadway had been constructed by a developer with an agreement for the authority to adopt it, but the authority said that it had not been a … Continue reading Floyd v Redcar and Cleveland Borough Council: CA 5 Aug 2009
Claims arose from accidents caused by standing water on roadway surfaces after drains had not been cleared by the defendants over a long period of time. The Department appealed a decision giving it responsibility under a breach of statutory duty under the 1980 Act. Held: The appeal failed. The court was asked whether Burnside v … Continue reading Department for Transport, Environment and the Regions v Mott Macdonald Ltd and others: CA 27 Jul 2006
The roadway was regularly closed off when flooded by the sea, and then cleaned up afterwards. The claimant slipped on seaweed on the road. The Council appealed against an award of damages, saying it was not practicable to close the road off to pedestrian, and that it would have been cleaned when the tide retreated. … Continue reading Enion v Sefton Metropolitan Borough Council: CA 9 Feb 1999
N objected to the reclassification of a public footpath over his farm as a byway open to all traffic, saying that there had been insufficient evidence to establish a dedication at common law. Held: N’s appeal failed. ‘A track can become a highway by reason of the dedication of the right of passage to the … Continue reading Regina v Nicholson and Another, Secretary of State for Environment and others: Admn 20 Dec 1996
The Truro Crown Court had allowed Mr Adair’s appeal against his conviction for obstructing a highway. The prosecutor appealed. Held: It had to be decided whether a particular road had become by presumed dedication a public highway. The use relied on constituted an offence under section 34(1) of the 1988 Act. A claim of long … Continue reading Robinson v Adair: QBD 2 Mar 1995
The claimant alleged that the defendant by allowing a flood across a road not to be cleared was in breach of their statutory duty under the 1980 Act. Held: Though the blockage was not entirely on the Highway, the nature and extent of it was known to the Authority and they were properly found to … Continue reading Thoburn v Northumberland County Council: CA 19 Jan 1999
A council which failed to maintain a road ice free when they had decided on the need to prevent icing, and had had the opportunity to prevent it, but failed to take it, were in breach of statutory duty and liable for damages to driver of crashed car. (Aldous LJ dissenting) Judges: Hutchinson and Morritt … Continue reading Goodes v East Sussex County Council: CA 7 Jan 1999
Responsibility for personal injury after trip over a tree root on a path in a park owned and maintained by the Council. The Court was now asked whether the public footpath was a highway under the 1980 Act for which the council was responsible for maintenance. Held: Having found for the Claimant on the intention … Continue reading Barlow v Wigan Council: QBD 19 Jun 2019
A culvert had been constructed taking a stream underneath the road. At the time when it came into the ownership of the local authority, it was adequate for this purpose. Later developments increased the flow, and the culvert came to become an obstruction leading to the claimant’s property being flooded. It was checked regularly, but … Continue reading Bybrook Barn Garden Centre Ltd and Others v Kent County Council: CA 8 Jan 2001
The claimant a nine year old boy had attempted to leap frog a bollard. He was badly injured when it fell. The authority had identified that it was insecure some months earlier. The authority appealed a finding of negligence and breach of statutory duty under the 1980 Act. Held: Liability in negligence was established and … Continue reading Shine v Tower Hamlets: CA 9 Jun 2006
The court considered whether a pathway had become a public highway. Held: ‘The main question for the Court is whether sufficiency of evidence of an intention not to dedicate necessary to satisfy the proviso requires, as a matter of law, that during the relevant 20 year period the landowner should not only prove that negative … Continue reading Godmanchester Town Council, Regina (on the Application Of) v Secretary of State for the Environment Food and Rural Affairs: CA 19 Dec 2005
An applicant for the diversion of a bridleway had the right to make independent representations as to objections received from third parties. Citations: Times 11-Dec-1997 Statutes: Highways Act 1980 119 Jurisdiction: England and Wales Land Updated: 13 November 2022; Ref: scu.88615
The appellant landowner had a public bridleway over his land. It passed over an old cattle grid. He had constructed a gate to the side of the track. It was not part of the public highway. He now appealed from a refusal of an order for the Council to remove cattle grid and re-instate the … Continue reading Kind v Northumberland County Council: Admn 14 Mar 2012
Appeal against refusal to confirm a bridleway. Citations: [1997] EWCA Civ 2845 Statutes: Highways Act 1980 Jurisdiction: England and Wales Land Updated: 12 November 2022; Ref: scu.143244
The council as highway authority had objected to a development on the grounds of road safety. The application was subsequently approved by the Secretary of State, but the Council sought to maintain its safety objection. Held: The highway authority must co-operate in implementing a planning permission after a successful appeal against its advice that it … Continue reading Regina v Warwickshire County Council ex parte Powergen Plc: CA 31 Jul 1997
The applicant had sought to have included in the definitive map, a local footpath, and now challenged refusal to include it. Held: A public right of way may be created by dedication or it may be deemed after actual use by the public over twenty years; need to modify definitive map. In this case, it … Continue reading Regina v Secretary of State for Wales Ex Parte Emery: CA 9 Jul 1997
When someone objected to a public footpath order, the council has a discretion as to whether the case should be referred to the Secretary of State. In the absence of an obligation, the judicial review of the council’s decision not to make such a reference failed. The existence of the discretion was not inconsistent with … Continue reading Regina (Hargrave and Another) v Stroud District Council: Admn 7 Dec 2001
The claimant sought damages after a car skidded on the road, and she was injured. She said the respondent was in breach of their statutory duty in having failed to clear the road. The authority said it had taken the appropriate steps to clear up the spillage, and that the accident was a result of … Continue reading De Bretton v Hampshire County Council: CA 9 Oct 1996
The claimant asserted a common law duty on the respondent to maintain a roadway free of frost. Held: No such common law duty existed. Where parliament has conferred a discretionary power, ‘ . . the minimum preconditions for basing a duty of care upon the existence of a statutory power, if it can be done … Continue reading Sandhar, Murray v Department of Transport, Environment and the Regions: QBD 19 Jan 2004
‘Deposited on highway’ has wide meaning – includes vending barrows. Citations: Gazette 22-Feb-1995 Statutes: Highways Act 1980 149 Jurisdiction: England and Wales Road Traffic Updated: 27 October 2022; Ref: scu.89062
A vendor’s ‘hot chestnut’ stall was an ‘item deposited on highway’ and could be removed by the Council under the 1980 Act. Waite LJ said: ‘The verb ‘to deposit’ is a term of wide connotation, apt to describe any state of affairs in which one object is placed upon another. Like all words of wide … Continue reading Scott and Another v Westminster City Council: CA 20 Mar 1995
An injunction to restrain a wilful interference with highway works was properly granted. Citations: Gazette 26-Jan-1994, Times 07-Dec-1993 Statutes: Highways Act 1980 303 Jurisdiction: England and Wales Torts – Other Updated: 26 October 2022; Ref: scu.79914
The court considered the extinguishment of footpaths after provision had been made voluntarily for alternative footpaths. Held: A footpath should not be extinguished until the new footpath had been designated. Such arrangements should not be left contingent on uncertain future events. Judges: Lord Justice Ward, Lord Justice Wall and Lord Justice Richards Citations: [2006] EWCA … Continue reading Hertfordshire County Council v Secretary of State for the Department of Environment Food and Rural Affairs: CA 14 Dec 2006
The claimant sought compensation after the Borough ordered fencing to be erected along the roadside so as to obstruct vehicular access to and from his premises. If the action was taken under section 66(2) and not section 80, then Lewison LJ said that the council’s proposed action and the reason for taking it ‘fall squarely … Continue reading Cusack v London Borough of Harrow: CA 7 Dec 2011
Appeals by case stated from failures at trials of charges of obstructing the public highway in the course of protests at the opening of a Defence and Security fair. Held: The DPP’s appeals were granted for the first four defendants but rejected for the second group as being without jurisdiction. As to the first four … Continue reading Director of Public Prosecutions v Ziegle and Others: Admn 22 Jan 2019
Application for leave to appeal – interaction of planning system and section 278. Judges: Hobhouse LJ, Schiemann LJ Citations: [1997] EWCA Civ 1568 Statutes: Highways Act 1980 278 Jurisdiction: England and Wales Citing: Appeal from – Regina v Warwickshire County Council Ex Parte Powergen Plc QBD 9-Jan-1997 The power to incorporate highway works in planning … Continue reading Regina v Warwickshire County Council ex parte Powergen Plc: CA 30 Apr 1997
Renewed application for leave to appeal by defendant council against finding of liability for breach of statutory duty in failure to maintain highway. Citations: [2001] EWCA Civ 709 Links: Bailii Statutes: Highways Act 1980 40 Jurisdiction: England and Wales Personal Injury Updated: 17 September 2022; Ref: scu.218207
Citations: [2004] EWCA Civ 1637 Links: Bailii Statutes: Highways Act 1980 41 Jurisdiction: England and Wales Negligence, Personal Injury Updated: 12 September 2022; Ref: scu.220172
‘ proper interpretation of section 119(6) of the Highways Act 1980 (‘the 1980 Act’) which deals with the process for confirmation of an order diverting the line of a public footpath, bridleway or restricted byway.’ Judges: Lord Justice Lewis Citations: [2021] EWCA Civ 241 Links: Bailii Jurisdiction: England and Wales Land Updated: 11 September 2022; … Continue reading Open Spaces Society v Secretary of State for Environment, Food and Rural Affairs: CA 25 Feb 2021
Public highway – ‘once a highway always a highway’ – Section 32 Highways Act 1980 – Definitive Map – Sections 53 and 58 Wildlife and Countryside Act 1981 Citations: [2007] EWLandRA 2005 – 1274 Links: Bailii Registered Land Updated: 02 September 2022; Ref: scu.429570
The applicants had constructed kiosks on the highway with permission from the local authority under the 1990 Act. They also had licences under the 1980 act to operate as street traders. The authority later complained that the sales from the structures were not street sales, and the licences were not valid. Held: The licensing system … Continue reading Tower Hamlets London Borough Council and another v Sherwood and another: CA 18 Feb 2002
The complainant requested information about two different types of statutory notices issued by Hampshire County Council (the council) under the Highways Act 1980. The council issued a refusal notice to the complainant, initially citing section 12(1) of the Freedom of Information Act 2000 (FOIA). During the Commissioner’s investigation the council revised its position, confirming that … Continue reading Hampshire County Council (Local Government): ICO 24 Mar 2021
The claimants challenged rejection of five applications under section 5 of the 1981 Act for modification orders allowing the upgrade of routes to provide vehicular public rights of way. The applications had been submitted using digital mapping. The Council said that the maps did not accord with the legislation. Held: The application failed: ‘there was … Continue reading Trail Riders’ Fellowship and Another, Regina (on The Application of) v Dorset County Council: Admn 2 Oct 2012
The appellant had sold land next to its own for use as a school. Access rights were given to assist construction of the school. The council wanted to use the rights in what was no to be a competing residential development. The appellant wished to use the land as a ransom strip. The council argued … Continue reading Beazer Homes Ltd v County Council of Durham: CA 13 Oct 2010
The applicants had sought to vary a footpath to move it further away from their house. The parish council objected. The council had decided that it would be expedient under the Act to divert it, but went on to decide against a diversion and against referring the decision to the Secretary of State. The land … Continue reading Regina (Hargrave and Another) v Stroud District Council: CA 22 Jul 2002
The council appealed against a finding that it had failed in its duty to keep the highway safe leading to an accident in which the claimant was severely injured. The road was narrow, and a significant drop had developed by the edge of the road. The claimant drove into the drop, then crashed after swerving … Continue reading West Sussex County Council v Russell: CA 12 Feb 2010
Application for judicial review of decision not to quash footpath order. Judges: Sullivan J Citations: [2007] EWHC 3167 (Admin) Links: Bailii Statutes: Countryside and Rights of Way Act 2000 , Highways Act 1980 118B Jurisdiction: England and Wales Land Updated: 09 August 2022; Ref: scu.271204
Compensation – Land Compensation Act 1973 Part 1 – Highway not maintainable at public expense within 3 years of opening – Effect of agreement to adopt under s.38(3) of Highways Act 1980 – Interpretation of s. 19(3) of Land Compensation Act under s.3 of Human Rights Act 1998 – Meaning of ‘0n his behalf’ in … Continue reading O’Connor and Another v Wiltshire County Council: LT 6 Feb 2006
The ability to order outward opening doors to be changed allowed order to change doors though they had been installed before the Act giving the power came in. Citations: Times 06-Jan-1998 Statutes: Highways Act 1980 153(2) Jurisdiction: England and Wales Local Government Updated: 06 August 2022; Ref: scu.90282
The claimant, a fireman, sought damages for injuries suffered when he was injured answering a call out. He fell into a depressed area by the road side as he was pulling away a burning wooden pallet. Held: The appeal was dismissed. The court overturned a finding of dangerousness. Laws LJ stressed that the statutory highway … Continue reading Jones v Rhondda Cynon Taff County Borough Council: CA 15 Jul 2008
Citations: [2008] EWHC 2885 (Admin) Links: Bailii Statutes: Highways Act 1980 149 Jurisdiction: England and Wales Road Traffic Updated: 21 July 2022; Ref: scu.278646
A heavy crane had toppled from a road. The crane owners said that the highway authority were responsible for the poor condition of the road. Held: The action failed. The evidence did not support the assertion that the accident arose from a road insufficiently maintained. Judges: Reddihough HHJ Citations: [2016] EWHC 1767 (QB) Links: Bailii … Continue reading King Lifting Ltd v Oxfordshire County Council: QBD 20 Jul 2016
The school sought judicial review of a decision to refuse a Special Extinguishment Order to close a footpath crossing its playing fields. Judges: Mackie J Citations: [2008] EWHC 2060 (Admin) Links: Bailii Statutes: Highways Act 1980 118B, Countryside and Rights of Way Act 2000 Jurisdiction: England and Wales Land Updated: 19 July 2022; Ref: scu.276238
Appeal against refusal of claim against highway authority. The appellant was injured when her car crashed. A high volume of heavy goods vehicles had been using a local road, damaging the road and verges. Though the road was wide enough for her car to pass a lorry coming toward her, the appellant held to her … Continue reading Rance v Essex County Council: CA 21 Feb 1997
The claimant injured herself tripping over a depression in the pavement. The council appealed a finding that it was in breach of its duty, saying that it had inspected the footway every six months. Held: The appeal succeeded. Any collapse at this site would be from a cellar underlying the pavement, which might happen suddenly. … Continue reading Harrison v Derby City Council: CA 21 Apr 2008
‘The Ramblers’ Association challenge, under paragraph 2 of Schedule 2 to the Highways Act 1980, the decision of an Inspector appointed by the Secretary of State for the Environment, Food and Rural Affairs given on 16 November 2011, whereby he confirmed an order known as the Oxfordshire County Council Bodicote Footpath No 8 (Part) and … Continue reading Ramblers’ Association v The Secretary of State for Environment, Food and Rural Affairs and Others: Admn 8 Nov 2012
The complainant has requested recorded information relating to different types of statutory notices issued by Devon County Council, notably under the Highways Act 1980. The Council refused to comply with the complainant’s request in reliance of section 12 of the Freedom of Information Act. The Commissioner’s decision is that the information sought by the complainant … Continue reading Devon County Council (Local Government (County Council)): ICO 27 Apr 2015
The claimants sought compensation for the diminution in the values of their properties because of noise pollution from a new highway. The defendant highway authority said that liability had been transferred to its contractors, and it had not been and was not a highway maintainable at public expense. Held: The road had been constructed for … Continue reading O’Connor and Another v Wiltshire County Council: CA 9 May 2007
Citations: [2004] EWHC 1557 (QB) Links: Bailii Statutes: Highways Act 1980 1 Jurisdiction: England and Wales Personal Injury, Local Government Updated: 10 July 2022; Ref: scu.263164
An accident which occurred when a manhole cover tilted, causing the claimant’s foot to fall through into the hole and causing the claimant injury. Held: The council’s appeal failed. Judges: Teare J Citations: [2006] EWHC 2515 (QB) Links: Bailii Statutes: Highways Act 1980 41(1) 58 Jurisdiction: England and Wales Cited by: Cited – Harrison v … Continue reading Atkins v London Borough of Ealing: QBD 17 Oct 2006
The council had taken land by compulsory purchase in order to construct a dual carriageway. It then claimed that it had left undedicated a strip .5 metre wide as a ransom strip to prevent the defendant restoring access to the road. Held: The result of the council’s decisions was to leave a ransom strip. Whilst … Continue reading London Borough of Bexley v Maison Maurice Ltd: ChD 15 Dec 2006
The claimants sought a declaration that a path over neighbouring land was a public vehicular highway as recorded by the respondents, and not a footpath as asserted by the owners, and that gates over the path infringed the public rights. The council had served notices on the landowners to remove gates. Held: The status of … Continue reading Mear and others v Cambridgeshire County Council: ChD 20 Oct 2006
Judges: Lord Justice Keene The President Lord Justice Wall Citations: [2005] EWCA Civ 1607 Links: Bailii Statutes: Highways Act 1980 38 Jurisdiction: England and Wales Land Updated: 04 July 2022; Ref: scu.236567
Judges: King J Citations: [2007] EWHC 3427 (QB) Links: Bailii Statutes: Highways Act 1980 Jurisdiction: England and Wales Personal Injury Updated: 01 July 2022; Ref: scu.271254
The claimants appealed against rejection of their assertion of a local right of way. They referred to old maps. The respondent relied on the definitive map showing an alternate right of way since 1950. Held: Though the claimant had a strong case, there was a sufficient basis of evidence for the recorder to have found … Continue reading Paton v Devon County Council and Another: Admn 16 Jan 2013
The defendant had lit a bonfire. The smoke left his garden and blew across the road. An accident occurred. The prosecution appealed dismissal of a charge against him on the ground that they sought an amended charge after closure of their case and it was now outside the six month limit. Held: The appeal failed. … Continue reading Director of Public Prosecutions, Regina (on the Application of) v Everest: Admn 24 May 2005
LT COMPENSATION – preliminary issue – Highways Act 1980 s 73 – claim for compensation for injurious affection as result of improvement line – whether entitlement to compensation – held no improvement line prescribed by compensating authority – no entitlement to compensation Citations: [2000] EWLands ACQ – 76 – 2000 Links: Bailii Statutes: Highways Act … Continue reading Citypark Properties Ltd v Bolton Metropolitan Borough Council: LT 6 Sep 2000
The claimant’s husband died when his car skidded on hoar frost. She claimed the respondent was liable under the Act and at common law for failing to keep it safe. Held: The respondent had not assumed a general responsibility to all road users to ensure that all or any trunk roads would be salted in … Continue reading Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions: CA 5 Nov 2004
The claimant had brought a case that a strip of land was a highway maintainable at public expense, but had failed. After some time he requested the judge to state a case. The recorder refused saying that no error of law was identified and that the claimant had delayed unduly. He now sought judicial review … Continue reading Carney, Regina (on the Application of) v North Lincolnshire Council: CA 8 Feb 2002
A council had no power to contribute to another highway authority’s costs of maintaining existing highway schemes; ‘expenditure’ was highway authority’s, and the transfer was ultra vires. Citations: Times 05-Mar-1998, Gazette 16-Apr-1998 Statutes: Highways Act 1980 274 Jurisdiction: England and Wales Local Government Updated: 18 June 2022; Ref: scu.88827
Modification of right of way Judges: Mr Justice Richards Kay, Lord Justice Kay Citations: [2004] EWHC 1217 (Admin) Links: Bailii Statutes: Highways Act 1980 31(1) Jurisdiction: England and Wales Land Updated: 11 June 2022; Ref: scu.199488
The power to incorporate highway works in planning agreements is limited to subject land. Forbes J said: ‘It is common ground that the new Section 278 was intended to fit into and play its part in the overall legislative system for the controlled development of land through the planning process and I accept that Section … Continue reading Regina v Warwickshire County Council Ex Parte Powergen Plc: QBD 9 Jan 1997
The court considered the use of powers of compulsory purchase of land under the Acts. Held: ‘In answer to counsel’s submissions as to ‘special rules’, I summarise my conclusions thus. First, I do not accept that any special rules beyond the ordinary Wednesbury/Ashbridge rules fall to be applied when the court is considering a challenge … Continue reading Regina v Secretary of State for Transport, ex parte de Rothschild: CA 1988
The plaintiffs objected to the transport of wood from the defendant’s neighbouring land by lorry along an accessway to the plaintiff’s land. They said the defendants had no right of vehicular access. The defendants asserted a public vehicular highway. Held: The court rejected the argument that a public right of way may only exist from … Continue reading Brand and Another v Philip Lund (Consultants) Ltd: ChD 18 Jul 1989
The complainant has requested information relating to agreements and licences under sections 38, 177 and 278 of the Highways Act 1980. Liverpool City Council (‘the council’) responded by withholding the information under the exemption in the FOIA where the cost of compliance exceeds the appropriate limit. The Commissioner invited the council to reconsider the request … Continue reading Liverpool City Council (Decision Notice): ICO 9 May 2013
The claimant sought damages after his car was involved in an accident when a wheel struck a part of a tramway standing proud of the road surface. The defendant argued that they were excused liability by the 1988 Act, incorporating the effects of the 1870 Act. Held: The 1988 Act did not provide a full … Continue reading Roe v Sheffield City Council and others: CA 17 Jan 2003
The respondent was owner of land. Occasional substantial storms washed quantities of surface soil over the road. The claimant highway authority served notices required part of the land not to be used for arable purposes. After a further storm the authority sought damages for having to clean up the road. The farmer appealed the order … Continue reading Devon County Council v Webber and Another: CA 19 Apr 2002
A pedestrian walked from a footpath into the road and was hit by a car. She sought damages from the highway authority, saying that they had allowed vegetation to grow to an extent to make it impossible to be seen. As a second tier appeal, the claimant had to demonstrate a real as opposed to … Continue reading Kane v New Forest District Council: CA 13 Jun 2001
A public right away could not be presumed to have been granted by the owner of land adjoining a public highway merely from the erection of fences or hedges on the side of a highway. There is no simple rule that the land was deemed to have been dedicated to public use ‘from hedge-to-hedge’. Some … Continue reading Hale v Norfolk County Council: CA 17 Nov 2000
The Council’s duty to maintain a highway is not absolute. It must take reasonable steps to prevent or clear ice forming on pathway. Lord Justice Evans analysed the application of Section 41 to a situation which arose from ice and snow. In any case of this kind there is an obligation on the plaintiff to … Continue reading Cross v Kirklees Metropolitan Borough Council: CA 27 Jun 1997
The builders had agreed as part of the planning process to indemnify the council against all claims incidental to the carrying out of the works for which permission was given. The council had to compulsorily purchase land, and sought repayment from the contractors of the compensation it had to pay. Held: In the natural interpretation … Continue reading Wiltshire County Council v Crest Estates Ltd. and others: CA 5 Aug 2005
The council had added a bridleway to the definitive map of rights of way on the basis that the use had been for more than 20 years by the public with no evidence of intention not to dedicate it as a public highway. The period was calculated back from the time when it was challenged. … Continue reading Fernlee Estates Limited v City and County of Swansea, Same v National Assembly for Wales: Admn 18 May 2001
The court was asked whether the processes by which the Secretary of State for the Environment Transport and the Regions (SSETR) makes decisions under the Town and Country Planning Act 1990 (TCPA) and orders under the Transport and Works Act 1992 (TWA), the Highways Act 1980 (HA) and the Acquisition of Land Act 1981 (ALA) … Continue reading Regina (Holding and Barnes Plc) v Secretary of State for Environment, Transport and Regions; Regina (Premier Leisure UK Limited) v Secretary of State for Environment, Transport and Regions; Regina (Alconbury) etc: Admn 13 Dec 2000
Public right of way Citations: [1999] EWHC Admin 233 Links: Bailii Statutes: Highways Act 1980 116 Land Updated: 28 May 2022; Ref: scu.139497
The Council sought to close a footpath on the basis that it was encouraging anti-social behaviour. The Association challenged the closure. Held: Before making such an order the authority had to follow the statutory procedures, including considering whether a lesser order might achieve the required effect. In this case the authority had followed the procedure … Continue reading The Ramblers’ Association v Coventry City Council: Admn 17 Apr 2008
Judges: Mr Justice Kenneth Parker Citations: [2013] EWHC 1762 (Admin) Links: Bailii Statutes: Highways Act 1980 130B Jurisdiction: England and Wales Costs Updated: 27 May 2022; Ref: scu.511223
It was not unreasonable to require new traffic impact analysis before authorising highway improvement agreement after previous decision made by earlier authority was now five years old. Citations: Times 29-Apr-1998, Gazette 29-Apr-1998, [1998] EWHC Admin 320 Links: Bailii Statutes: Highways Act 1980 278 Administrative Updated: 27 May 2022; Ref: scu.138441
The court considered an alleged breach of duty to provide and maintain a footpath by highway authority. Citations: [1998] EWHC Admin 107 Links: Bailii Statutes: Highways Act 1980 66(1) Local Government Updated: 27 May 2022; Ref: scu.138228
‘The short point for which permission to appeal has been given in this tripping case is said to be whether, granted that a claimant for the purpose of establishing liability under s. 41 of the Highways Act 1980 has to identify the particular defect in the highway that gave rise to his injury, the local … Continue reading Barker v Lancashire County Council: CA 23 May 2013
UTLC COMPENSATION – compulsory purchase – land on edge of village acquired for bypass – planning permission granted for residential development of retained land – whether highway objection to residential development in no-scheme world – whether residential planning permission would have been granted for the acquired land and the retained land in the no-scheme world … Continue reading Persimmon Homes (Midlands) Ltd and Others v Secretary of State for Transport: UTLC 22 Dec 2009
A highway authority was not negligent or in breach of statutory duty when they inspected a roadway annually and responded to particular complaints. Ridge causing accident was common defect. Citations: Times 20-May-1998 Statutes: Highways Act 1980 41 Road Traffic Updated: 17 May 2022; Ref: scu.77741
The defendant company traded as A and J Bull Containers. They hired out a builder’s skip which was left out, unlit, on the highway at night. A cyclist rode into it and died. An information was laid against ‘A J Bull Ltd’, charging an offence under the Highways Act 1980. The hearing took place after … Continue reading Marco (Croydon) Ltd v Metropolitan Police Commissioner: QBD 1983
The question of sufficiency of evidence for the purpose of the proviso in the subsection is a question of fact for the tribunal to determine in each case. The court rejected a broad submission from the appellant that the 1980 Act and its predecessor had fundamentally altered the common law by introducing much more stringent … Continue reading Regina v Secretary of State for the Environment, ex parte Cowell: CA 1993
A local authority was liable for nuisance for damage (cracks to house) caused by tree roots once it could be shown that it knew of the soil condition, by virtue of the council’s own warnings to residents of the danger in the area meant that the damage was foreseeable. The council was not liable for … Continue reading Paterson and Another v Humberside County Council: QBD 19 Apr 1995
A highway authority acquiring land by compulsory purchase for a project had a right to require a contribution from the developer not just for the building costs but also for the cost of acquiring the land necessary. Statute interpreted widely. Citations: Times 03-Mar-1999 Statutes: Highways Act 1980 278(2) Jurisdiction: England and Wales Planning Updated: 11 … Continue reading Wards Construction (Medway) Ltd v Kent County Council: CA 3 Mar 1999
The claimant sought an order for possession of land outside St Paul’s cathedral occupied by the protestor defendants, consisting of ‘a large number of tents, between 150 and 200 at the time of the hearing, many of them used by protestors, either regularly or from time to time, as overnight accommodation, and several larger tents … Continue reading City of London v Samede and Others: QBD 18 Jan 2012
The defendants were arrested after distributing leaflets outside a furriers, and appealed against convictions for obstructing the highway. Held: The appeals succeeded. In deciding whether there was a lawful excuse for a technical obstruction of the highway, the Court rejected the test that a use of the highway which was not incidental to passing along … Continue reading Hirst and Agu v Chief Constable of West Yorkshire: QBD 1987
Application for judicial review of a decision by an Inspector appointed by the defendant not to confirm three public path extinguishment orders made by the claimant under section 118 of the Highways Act 1980 Judges: Mr Justice Sullivan Citations: [2005] EWHC 2363 (Admin) Links: Bailii Statutes: Highways Act 1980 118 Jurisdiction: England and Wales Land … Continue reading Hertfordshire County Council, Regina (on the Application of) v Department of Environment Food and Rural Affairs: Admn 14 Oct 2005
Public right of way must be established by enjoyment as of right for 20 years. Citations: Independent 08-Jun-1994 Statutes: Highways Act 1980 31(1) Jurisdiction: England and Wales Cited by: Appeal from – Jacques v Secretary of State for the Environment CA 1995 The Inspector had found that the landowner had, by overt acts directed at … Continue reading Jacques v Secretary of State for the Environment: QBD 8 Jun 1994
Landowners sought judicial review of the decision of the highway authority to refuse an application under section 117 of the 1980 Act for a highway to be stopped up under section 116. They said that the highway was unnecessary as such because it was covered with shrubbery and had never been maintained by the authority. … Continue reading Spice and Others, Regina (on the Application of) v Leeds City Council: Admn 27 Feb 2006
Skinner J discussed the application of section 58 of the 1980 Act saying: ‘that, in assessing whether a council has a defence under section 58 of the 1980 Act, it is necessary to take account of the sort of traffic which would foreseeable use the highway and the character of the road itself.’ and ‘In … Continue reading Jacobs v Hampshire County Council: QBD 28 May 1984