Westley v Hertfordshire CC
Westley v Hertfordshire CC
- 1998
- Journal of Planning and Environment Law [1998] JPL 947-954(5) .
CA 17 February 1998. In 1983 a housing development encroached onto a bridleway to the effect that trees and shrubs grew on the area. W served notice on highway authority H under the Highways Act 1980 s56 and Environmental Protection Act 1990 s82, claiming the bridleway was out of repair and the obstruction caused a statutory nuisance. An appeal by H to the court below that a citizen could not go to the magistrates court to get a local authority to remove an obstruction, was allowed. W`s appeal dismissed.
BRIDLEWAYS
COMMON LAW
COURT POWER
DISREPAIR
ENVIRONMENTAL PROTECTION ACT 1990 S82
HIGHWAYS ACT 1980 S56
MAGISTRATES COURT
OBSTRUCTION
STATUTORY NUISANCE
WESTLEY V HERTFORDSHIRE CC
CA 17 February 1998. In 1983 a housing development encroached onto a bridleway to the effect that trees and shrubs grew on the area. W served notice on highway authority H under the Highways Act 1980 s56 and Environmental Protection Act 1990 s82, claiming the bridleway was out of repair and the obstruction caused a statutory nuisance. An appeal by H to the court below that a citizen could not go to the magistrates court to get a local authority to remove an obstruction, was allowed. W`s appeal dismissed.
BRIDLEWAYS
COMMON LAW
COURT POWER
DISREPAIR
ENVIRONMENTAL PROTECTION ACT 1990 S82
HIGHWAYS ACT 1980 S56
MAGISTRATES COURT
OBSTRUCTION
STATUTORY NUISANCE
WESTLEY V HERTFORDSHIRE CC