Strathclyde Regional Council v Persimmon Homes (Scotland) Ltd
Strathclyde Regional Council v Persimmon Homes (Scotland) Ltd
- 1996
- Scots Law Times 1996 SLT 176-182(7) .
Outer House. Lord Clyde. 7 January 1994. Heritable property - wrongful encroachment - construction of access road - specification of nature of encroachment - appropriate remedy - road constructed on land belonging to local authority - effect on rights of authority as heritable proprietor of grant of planning permission and consent to construct road - no intimation to authority, as owners, of application for construction consent - whether obligation to build road - whether tacit consent - basis of quantification of damages.
ACCESS ROAD
PLANNING PERMISSION
ROAD (SCOTLAND) ACT 1984
SCOTLAND
Outer House. Lord Clyde. 7 January 1994. Heritable property - wrongful encroachment - construction of access road - specification of nature of encroachment - appropriate remedy - road constructed on land belonging to local authority - effect on rights of authority as heritable proprietor of grant of planning permission and consent to construct road - no intimation to authority, as owners, of application for construction consent - whether obligation to build road - whether tacit consent - basis of quantification of damages.
ACCESS ROAD
PLANNING PERMISSION
ROAD (SCOTLAND) ACT 1984
SCOTLAND