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 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
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
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
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
Grant of s38 rights in a Highways agreement didn’t operate as grant of future public rights of way, nor create an overriding interest. Citations: Ind Summary 12-Jun-1995, Times 21-Apr-1995 Statutes: Highways Act 1980 38(3)(b), Land Registration Act 1925 70(1)(a) Jurisdiction: England and Wales Citing: Appeal from – Overseas Investment Services Ltd v Simcobuild Construction Ltd … Continue reading Overseas Investment Services Ltd v Simcobuild Construction Ltd and Another: CA 21 Apr 1995
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
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
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
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 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 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
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 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
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
Statutory Duty Does Not Create Common Law Duty The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway. The two stage test ‘involves … Continue reading Stovin v Wise, Norfolk County Council (Third Party): HL 24 Jul 1996
The appellant challenged by case stated a refusal of the Crown Court to order removal of a gate which he said obstructed a public footpath. The land-owner had persuaded the magistrates that the gate was not on the line of the footpath. The claimant said the finding of fact was perverse. Held: There was clear … Continue reading Ernstbrunner v Manchester City Council and Another: Admn 16 Dec 2009
The house was asked about whether continuous use of an apparent right of way by the public would create a public right of way after 20 years, and also whether a non overt act by a landowner was sufficient to prove his intention not to dedicate the land as a public right of way. Held: … Continue reading Godmanchester Town Council, Regina (on the Application of) v Secretary of State for the Environment, Food and Rural Affairs: HL 20 Jun 2007
