| 000 | 01825cad a22002535a 4500 | ||
|---|---|---|---|
| 001 | L138215 | ||
| 008 | 070522e2007 xxk f w 000 0 eng d | ||
| 035 | _a(Sirsi) u138215 | ||
| 041 | 0 | _aeng | |
| 245 | 0 | 0 |
_aO'Connor and Another V Wiltshire County Council _h[electronic resource] |
| 260 | _c2007 | ||
| 520 | _a[2007] EWCA Civ 426, 9 May 2007. Considers whether a road had been constructed by a highway authority, otherwise than on behalf of another person who was not a highway authority. C appealed against an LT decision (L133592) that the road had been constructed and maintained by the developers appointed by W and was therefore not publicly maintainable. This precluded C from making claim for compensation against W due to a reduction in the value of property caused by the proximity of the road. "Held": The effect of agreements between W and the developers was that W would construct the road through the agency of the developers. Although the developers had made a payment towards the costs under the Highways Act 1980 there W had not constructed the road on behalf of another person who was not a highway authority. Therefore the matter of the road's construction and maintenance did not bar C's claim for compensation. Appeal allowed. | ||
| 590 | _aKA | ||
| 650 | 2 | 4 | _aO'CONNOR V WILTSHIRE CC |
| 650 | 2 | 4 | _aTOWN AND COUNTRY PLANNING ACT 1990 S106 |
| 650 | 2 | 4 | _aHIGHWAYS ACT 1980 S36(2)(A) |
| 650 | 2 | 4 | _aHIGHWAYS ACT 1980 S274 |
| 650 | 2 | 4 | _aHIGHWAYS ACT 1980 S278 |
| 650 | 2 | 4 | _aLAND COMPENSATION ACT 1973 S19(3) |
| 651 | 4 |
_aEngland and Wales _y1543- |
|
| 690 | _aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-COMPULSORY PURCHASE AND COMPENSATION | ||
| 856 | 4 | 0 |
_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2007/426.html _zView the article free of charge at www.bailii.org... |
| 942 | _n0 | ||
| 999 |
_c78817 _d78817 |
||