The slippery slope
The slippery slope
- 2002
- Estates Gazette (0204) 26 January 2002, 172(1) .
Considers the case of "Gooden v Northamptonshire CC"(2001) in which the claimant G wishing to develop a property in Long Buckby. G wished to know if a path known as the Slope that led to access to the property was part of the highway and maintainable by the local authority. The defendant N replied that the paths and highway did fall into this category. It transpired that the Slope, was not maintained at public expense. This led to curtailment and financial loss to G, since the property was only viable if the Slope was subject to N's statutory powers. The CA ruled that N had not been negligent. The key issues were that a local authority owes a duty of care to a purchaser in answering standard enquiries, but damages for a developer's losses hinge upon the authority's awareness of intention to develop.
DUTY OF CARE
GOODEN V NORTHAMPTONSHIRE CC
LIABILITY
HIGHWAYS
PROPERTY DEVELOPMENT
Considers the case of "Gooden v Northamptonshire CC"(2001) in which the claimant G wishing to develop a property in Long Buckby. G wished to know if a path known as the Slope that led to access to the property was part of the highway and maintainable by the local authority. The defendant N replied that the paths and highway did fall into this category. It transpired that the Slope, was not maintained at public expense. This led to curtailment and financial loss to G, since the property was only viable if the Slope was subject to N's statutory powers. The CA ruled that N had not been negligent. The key issues were that a local authority owes a duty of care to a purchaser in answering standard enquiries, but damages for a developer's losses hinge upon the authority's awareness of intention to develop.
DUTY OF CARE
GOODEN V NORTHAMPTONSHIRE CC
LIABILITY
HIGHWAYS
PROPERTY DEVELOPMENT