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