R (on the application of MWH&H Ward Estates Ltd) v Monmouthshire CC
R (on the application of MWH&H Ward Estates Ltd) v Monmouthshire CC
- 2002
- Estates Gazette [2002] 45 EG 154 (CS) .
CA 31 October 2002. Appellant (R) challenged the power of the local authority (M) to access R's land under the Land Drainage Act 1991 s64.It was at first estabished that s64 provided a free standing power to the local authority to carry out the works. On appeal R contended that that M had exceeded its statutory powers as s64 did not afford any powers of entry. The appeal was dismissed as s64 was held to be broad in scope and allowed any authorised person to enter onto land to exercise any function of the local authority.
LOCAL AUTHORITY
RIGHT OF ENTRY
R V MONMOUTHSHIRE CC EX P M W H AND H WARD ESTATE LTD
LAND DRAINAGE ACT 1991
LAND DRAINAGE ACT 1991 S64
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
CA 31 October 2002. Appellant (R) challenged the power of the local authority (M) to access R's land under the Land Drainage Act 1991 s64.It was at first estabished that s64 provided a free standing power to the local authority to carry out the works. On appeal R contended that that M had exceeded its statutory powers as s64 did not afford any powers of entry. The appeal was dismissed as s64 was held to be broad in scope and allowed any authorised person to enter onto land to exercise any function of the local authority.
LOCAL AUTHORITY
RIGHT OF ENTRY
R V MONMOUTHSHIRE CC EX P M W H AND H WARD ESTATE LTD
LAND DRAINAGE ACT 1991
LAND DRAINAGE ACT 1991 S64
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS