COMPENSATION – Compulsory purchase of land forming part of curtilage to rural property for road improvement scheme – disturbance – Land Compensation Act 1961 section 2, rule (6)- compensation determined at pounds 43,389.90 Citations: [2010] UKUT 121 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 18 August 2022; Ref: scu.415012
Compensation – Planning Permission – Certificate of Appropriate Alternative Development – appeal site in Green Belt – certificate granted by Council for 11 or 12 dwellings – previous outline planning permission for 14 dwellings granted in 2015 – certificate sought for development of nine dwellings – held that planning obligations policies apply to smaller development … Continue reading Lockwood and Others v Highways England Company Ltd: UTLC 20 Jun 2019
Lord Radcliffe said: ‘I think, however, that it needs to be remembered in connection with this statement that the full extent of the common law right to enter the highway at every point of the frontage for any highway purpose must have been modified in very many cases by the exercise of statutory powers with … Continue reading Ching Garage Ltd v Chingford Corporation: HL 1961
LT COMPENSATION – simplified procedure – compulsory acquisition of grassland with hardstanding and shed – whether undertaking given at CPO inquiry that compensation would be assessed on cost of reinstatement – whether compensation to be assessed under r(5) of s 5 Land Compensation Act 1961 – whether compensation for reinstatement can be claimed as disturbance … Continue reading Nicholls v Highways Agency: LT 31 Dec 1997
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The Highways Act of 1961 had enlarged the duty of the highway authority and made it a general duty to take reasonable care to secure that the highway was not dangerous to traffic. As to the effect of the 1961 Act, Diplock LJ said: ‘The duty at common law to maintain, which includes a duty … Continue reading Griffiths v Liverpool Corporation: CA 1967
Impacted snow and ice had built up on a steep, narrow, made-up footpath from Monday to Thursday during a short wintry spell. The plaintiff slipped and broke her ankle. The highway authority operated a system of priorities. Their resources were fully taken up with sanding and gritting roads, but on the Wednesday evening one of … Continue reading Haydon v Kent County Council: CA 1978
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 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 plaintiffs were injured in a road accident caused by flooding. They sued the executors of the deceased driver whose car spun out of control into the path of their own car, and also the highway authority, who had installed a proper system of drainage (except in one respect) but whose employees had failed to … Continue reading Burnside and Another v Emerson and Others: CA 1968
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
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 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
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
No damages were payable for economic losses for a Local Authority’s failure to maintain the highway. Citations: Gazette 15-Jul-1992 Statutes: Highways Act 1959, Highways (Miscellaneous Provisions) Act 1961 Jurisdiction: England and Wales Local Government, Damages Updated: 23 March 2022; Ref: scu.90385
The appellant had lived in a caravan on the verge of a byway and had been here for more than twelve years. He appealed against rejection of his request for possessory title. He said that there was no support in law for the maxim that adverse possession was not available against land forming part of … Continue reading Smith, Regina (on The Application of) v Land Registry (Peterborough Office) and Another: CA 10 Mar 2010
The landowner practised from property in Harrow. The former garden had now for many years been used as a forecourt open to the highway, for parking cars of staff and clients. Cars crossed the footpath to gain access, and backing out into the road when leaving. That use was recognised as lawful under planning law. … Continue reading Cusack v London Borough of Harrow: SC 19 Jun 2013
The claimant was driving along a road. He skidded on ice, crashed and was severely injured. He claimed damages saying that the Highway authority had failed to ‘maintain’ the road. Held: The statutory duty on a highway authority to keep a road in repair did not include an absolute duty to remove all ice. The … Continue reading Goodes v East Sussex County Council: HL 16 Jun 2000
UTLC COMPENSATION – compulsory purchase – land in agricultural use acquired as part of major 420 acre strategic business park development – planning assumptions under ss 14-17 of the Land Compensation Act 1961 – whether permission to be assumed on basis that land ‘allocated’ in development plan – whether planning permission to be assumed under … Continue reading JS Bloor (Wilmslow) Ltd v Homes and Communities Agency: UTLC 1 Jul 2013
Psychological Obstruction to Public Footpath A public footpath crossed the appellants’ land. They constructed a gateway across it which they now accepted had been a significant obstruction of the right of way. The local authority served a notice requiring its removal, including the stone pillars erected on the path. After a failure to comply the … Continue reading Herrick and Another v Kidner and Another: Admn 17 Feb 2010
Presumption of dedication dates back. The claimant tripped over a tree root raising a path in the park. The court was now asked whether the pathway through a public park, but which was not a public right of way, was maintainable at public expense as a highway governed by the 1980 Act. Held: As to … Continue reading Barlow v Wigan Metropolitan Borough Council: CA 1 Jun 2020
highhalden1859 The court considered the liability of the parish for injury arising from a failure to repair the road. The road was ‘an old soft road formed of Weald of Kent clay, and had never been repaired with hard substances’. The evidence was that in wet weather and in the winter months it was ‘very … Continue reading Regina v Inhabitants of High Halden: 1859
