Highway
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PP 2005/45
Section 247 of the Town & Country Planning Act 1990 enables the Secretary of State or London borough councils to authorise the stopping-up or diversion of a highway to enable…
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Fountain & Colonnade Management Ltd v Westminster City Council
Repairing agreement — Claim for contribution to cost of repairs — Whether repairs in connection with highway — Whether repairs or improvements — Fair proportion of cost — Claim allowed
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Leicestershire County Council v Transco plc
Street works — Charges payable if works overrunning — Late service of required notice of completion — Whether conclusive presumption that works continuing until date of notice — Whether presumption…
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Commission for New Towns and another v JJ Gallagher Ltd
Defendant making ransom claim to lane bounding development site — First claimant seeking declaration to contrary — Whether lane passed to first claimant by defendant’s alleged predecessor under earlier conveyance…
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R (on the application of Hargrave and another) v Stroud District Council
Footpath — Diversion — Confirmation — Appellants applying for footpath diversion order — Council making order — Objections raised — Council rejecting application instead of referring order to Secretary of…
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PP 2002/97
Streets and paths – Achieving stop-up or diversion required for development. Developments that call for the stopping-up or diversion of a street, or even a footpath, can present advisers with…
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Hale v Norfolk County Council
Appellant owning property – Garden of property fronting onto roadway – Whether part of garden dedicated for use as highway – “Hedge to hedge” presumption – Judge concluding that land…
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Goodes v East Sussex County Council
Claimant skidding on ice and crashing motor vehicle – Council warned of icy conditions – Whether council’s duty to maintain highway includes duty to keep road safe by preventing ice…
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Samuel Smith Old Brewery (Tadcaster) v North Yorkshire County Council
Road Traffic Act 1984 – Local authority relocating Thursday market to two streets – Highway authority making order restricting vehicle traffic at new location on market days – Objector contending…
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PP 2000/123
Q A riverside public footpath disappears with the erosion of the river bank. An extinguishment order is made pursuant to section 118 of the Highways Act 1980.
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PP 2000/117
Q The owner of a house fronting a street erects a fence near the edge of his front garden, thus leaving a strip between the fence and the street.
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PP 2000/60
The House of Lords has ruled that the duty imposed on a highway authority by section 41(1) of the Highways Act 1980 “to maintain the highway” does not require the…