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 within section 66(2)’, and accordingly section 80 did not apply to the facts of the case
Judges:
Ward, Aikens, Lewison LJJ
Citations:
[2011] EWCA Civ 1514, [2012] RTR 19, [2012] PTSR 970
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Applied – Pretty v Solly CA 24-Jan-1859
In a statutory construction the specific overrides the general – generalia specialibus non derogant. Sir John Romilly MR said: ‘The general rules which are applicable to particular and general enactments in statutes are very clear, the only . .
Cited – Marshall v Blackpool Corporation HL 1934
A land-owner having land adjacent to a public highway has, at common law, free access to and from the highway at any point where they abut.
Lord Atkin said: ‘The owner of land adjoining a highway has a right of access to the highway from any . .
Lists of cited by and citing cases may be incomplete.
Planning, Road Traffic
Updated: 01 October 2022; Ref: scu.449856
