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R (on the application of MWH&H Ward Estates Ltd) v Monmouthshire CC

Series: Estates Gazette ; [2002] 45 EG 154 (CS)Publication details: 2002Subject(s): Summary: 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.
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Law report London Journal article ABS66171 (Browse shelf(Opens below)) 1 Available 120632-1001

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.