Regina v Warwickshire County Council ex parte Powergen Plc: CA 31 Jul 1997

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 was an unsafe development. The highway did not have continuing independent discretion to refuse to enter into the section 278 agreement.
Simon Brown LJ stated that ‘because of its independence and because of the process by which it is arrived at’, the inspector’s conclusion had become ‘the only properly tenable view on the issue of road safety’.


Simon Brown LJ, Otton LJ, Mummery LJ


[1997] EWCA Civ 2280, (1997) 96 LGR 617




Highways Act 1980 278


England and Wales


Appeal fromRegina v Warwickshire County Council Ex Parte Powergen Plc QBD 9-Jan-1997
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 . .
Leave to Appeal grantedRegina v Warwickshire County Council ex parte Powergen Plc CA 30-Apr-1997
Application for leave to appeal – interaction of planning system and section 278. . .
CitedPadfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
CitedRegina v Secretary of State for the Home Department Ex Parte Onibiyo CA 28-Mar-1996
More than one asylum claim may be made, but they must be sufficiently different to justify a second claim. The court considered when an application could be treated as having been finally determined and when it was necessary for the Secretary of . .
CitedDirector of Public Prosecutions v Hutchinson; Director of Public Prosecutions v Smith HL 12-Jul-1990
Protesters objected that byelaws which had been made to prevent access to common land, namely Greenham Common were invalid.
Held: The byelaws did prejudice the rights of common. The House was concerned to clarify the test applicable when . .

Cited by:

CitedPortsmouth City Football Club v Sellar Properties (Portsmouth) Limited, Singer and Friedlander Properties Plc ChD 17-Sep-2003
Various contracts were entered into for the sale of land, with compensation being paid in certain circumstances. One contract required a calculation of consideration as a set figure less a sum to be calculated as the cost of acquiring land. The sum . .
CitedEvans and Another, Regina (on The Application of) v Attorney General SC 26-Mar-2015
The Attorney General appealed against a decision for the release under the Act and Regulations of letters from HRH The Prince of Wales to various ministers and government departments.
Held: The appeal failed (Majority). The A-G had not been . .
Lists of cited by and citing cases may be incomplete.

Planning, Administrative

Updated: 09 November 2022; Ref: scu.142677