Cheshire East

Carriageways, footways and standards of maintenance

Shaun O'Neil and Nicola Hyam report on a recent case where a claimant sought to argue that a village road in the Lakes should have been maintained to the standards of a footway. Read more
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  NEWS

Jan 13, 2022

Parish loses legal challenge over decision by borough council to grant planning permission for road bridge to housing developments

Ashchurch Rural Parish Council has lost a judicial review challenge it brought over construction of a bridge to access large planned housing developments.
Jan 10, 2022

Supreme Court to hear case on planning conditions and dedication of highways

The Supreme Court has given Swindon Borough Council permission to appeal in a case about whether a planning condition can require the dedication of a highway.
Dec 29, 2021

Council fined £300k after dog walker hit by tree on public footpath

A county council has been fined £300,000 for failing to inspect and maintain trees on a public footpath, following the death of a member of the public.
Dec 22, 2021

High Court Master refuses to allow council to resile from admissions made in pavement fall case

The London Borough of Barnet should not be allowed to resile from admissions it made about the state of a pavement on which a resident was seriously hurt in a fall, Master Stevens has ruled in the High Court.
Dec 16, 2021

City council bids to retain £50m annual grant for highways PFI

Birmingham City Council is to try to persuade the Department for Transport (DfT) to keep alive a £50.31m annual grant linked to a controversial highways private finance initiative (PFI) contract.
Dec 14, 2021

High Court agrees to hear judicial review challenge over permission for Southampton airport runway expansion

The High Court has given campaign group GOESA permission to bring a judicial review challenge over Eastleigh Borough Council's grant of planning permission for an extension to the runway at Southampton Airport.
Dec 07, 2021

High Court rejects challenge to experimental traffic orders introduced by London borough

Hackney Council has successfully defended a legal challenge in the High Court to the validity of two experimental traffic orders (ETOs) it made.
Dec 06, 2021

Council loses High Court battle over whether private way was a "road" under Road Traffic Regulation Act

Isle of Wight Council's decision that a privately owned way in Ryde was not a "road" for the purposes of the Traffic Regulation Act 1984 has been overturned, following a High Court legal challenge.
Nov 22, 2021

High Court refuses judicial review bid over Environment Agency consent for HS2 tunnel construction

A renewed application for a judicial review of the Environment Agency's decision to grant consent for the construction of a twin tunnel beneath an aquifer as part of works for HS2 has been refused permission by the High Court.
Nov 18, 2021

Council breached procedural legitimate expectation of residents when revoking traffic order, but judge declines to quash decision

A council breached a procedural legitimate expectation when it decided to re-open a road under a narrow bridge that had been shut to vehicle access under an experimental traffic order (ETO), a High Court judge has found.
Nov 16, 2021

Campaigners threaten legal action over approval of plans for distributor road

A campaign group that claims Wiltshire Council is “ignoring the concerns of citizens” over plans to build a distributor road through local countryside has applied for permission for judicial review.
Nov 15, 2021

Council launches judicial review bid over routeing of lorries to HS2 construction sites

Buckinghamshire Council has issued judicial review proceedings against decisions made by the Planning Inspector relating to lorry routes through the county used in the construction of HS2.

  FEATURES AND ANALYSIS

December 09, 2021

The Electric Vehicle Revolution or…

Emily Knowles discusses new legislation on the requirement of electric vehicle charging points, and its potential impact on the Electric Vehicle Revolution.
November 05, 2021

Electric vehicle charging infrastructure: future proof procurement

Nadeem Arshad and Kyle Duggan set out how contracting authorities can use their procurement strategies to boost the move to electric vehicles.
November 03, 2021

Registered providers and CIL

Wealden Council has won a landmark Community Infrastructure Levy (CIL) case against Stonewater that has potential far reaching implications for housing delivery, writes Ben Halsey.
October 29, 2021

Local authorities and EV charging

Will councils be forced to install EV charging? Neil Kates reports.
October 08, 2021

Low traffic neighbourhoods

Philippa Jackson analyses the latest rulings in relation to low traffic neighbourhoods and what they mean for future legal challenges.
September 24, 2021

Procurement and the UK Hydrogen Strategy

Kyle Duggan, Victoria Croshaw, Emily Heard analyse procurement issues in relation to the use of hydrogen in the transport sector.
September 03, 2021

Electric vehicles and landowners – it’s time to get plugged in!

David Hobbs looks at some key issues for public sector landowners to consider when providing electric vehicle charging points.
August 20, 2021

Road investment and climate change

The Government’s £27bn Road Infrastructure Strategy has been found to be lawful. John Litton QC and Andrew Byass analyse the High Court’s ruling.
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  NEWS

Nov 03, 2021

Parks trust and local authority defeat High Court personal injury claim over shop forecourt fall

A parks trust and a council have successfully defended a High Court personal injury claim brought by a claimant who fell when walking across a shop forecourt to her car.
Nov 03, 2021

Law firm secures three-year deal to advise combined authority and Merseytravel on rail matters

The Liverpool City Region Combined Authority and Merseytravel have appointed law firm Addleshaw Goddard to act as their principal external legal advisors in relation to rail matters for a period of three years.
Nov 01, 2021

Campaigners renew bid for judicial review of Southampton Airport runway extension

A group that last month failed to win permission for a judicial review challenge over the authorisation of a runway expansion at Southampton Airport has renewed its application.
Oct 28, 2021

High Court to hold oral hearing of bid for judicial review over Environment Agency consent for HS2 tunnel in Chilterns

The High Court is today (28 October) holding an oral hearing of an application by campaigners for permission to bring a judicial review challenge of the consent given by the Environment Agency for a twin bore tunnel to be constructed under part of the Chilterns Area of Outstanding National Beauty (AONB) as part of works for the HS2 project.
Oct 20, 2021

High Court dismisses applications for judicial review challenge over grant of permission for airport expansion

The High Court has rejected two applications from organisations seeking permission to bring a judicial review challenge over Eastleigh Borough Council’s decision to approve a runway expansion at Southampton International Airport.
Oct 19, 2021

Water company fined £100,000 for unsafe street work practices

Thames Water has been fined £100,000 after being prosecuted by Transport for London for four safety street works related offences committed on the TfL Road Network.
Oct 18, 2021

London borough fails in Court of Appeal bid to challenge routeing of lorries to HS2 construction sites

The Court of Appeal has refused Hillingdon Council permission to appeal in a dispute about the arrangements for the routeing of lorries to and from HS2 construction sites in the borough.
Oct 14, 2021

Commissioner warns council not to rely on police for enforcement of proposed 20mph speed limits

A plan to implement 20mph speed limits throughout Cornwall should not rely on police enforcement, the region's Police Crime Commissioner has said.
Oct 05, 2021

Government to introduce series of measures in bid to clamp down on disruption of infrastructure including motorways

The Government is to introduce a new offence of interfering with the operation of key infrastructure – including motorways, railways, and airports – where the impact will affect the distribution of essential goods, such as fuel and medicine.
Sep 22, 2021

Department for Transport rules out appeal over Stonehenge Tunnel judgment

Transport Secretary Grant Shapps has accepted that he must redetermine the Stonehenge road tunnel project after his High Court defeat last month.
Sep 22, 2021

Cycling charity secures permission from Court of Appeal for judicial review challenge over removal of bike lanes, after earlier High Court refusal

The Court of Appeal has given the go-ahead for a judicial review of West Sussex County Council's decision to remove a cycle lane installed during the pandemic.
Sep 03, 2021

London borough defeats judicial review challenge over introduction of low traffic neighbourhoods

Hackney Council has successfully defended a judicial review claim over the decision of its Cabinet in September 2020 to adopt an emergency transport plan (ETP).
Sep 02, 2021

Solicitor suspended over ‘blue badge’ misuse

Misuse of a ‘blue badge’ for disabled parking has seen a solicitor suspended from practice after prosecution by the London Borough of Ealing.
Sep 01, 2021

Residents eye legal challenge to Environment Agency consent for HS2 tunnelling works

A group of local residents are planning to bring a judicial review challenge against the Environment Agency (EA) over its grant of consent to tunnelling works for HS2.
Aug 13, 2021

Crown Commercial Service kickstarts procurement of £80m rail legal services framework

The Crown Commercial Service has launched the procurement of an £80m rail legal services framework.
Aug 12, 2021

City of London defeats challenge to its refusal to revoke experimental traffic order

An experimental traffic order was not invalidated just because the experiment it was designed for had been affected by the pandemic, the High Court has ruled.
Aug 09, 2021

Council defeats tribunal bid by FOI requester for legal advice on power to issue excess charge notices over off-street car parking and to pursue criminal prosecutions for contraventions

The First-tier Tribunal has refused a request for the disclosure of legal advice obtained by a city council on the correct use of its car parking enforcement powers, and clarified how the public interest balance should be assessed in cases where the legal professional privilege exemption in s.42(1) of the Freedom of Information Act is involved.
Aug 03, 2021

Government failed to consider impact assessments in full and did not consider alternatives in Stonehenge tunnel development, High Court finds

The High Court has quashed a development consent order made by the Secretary of State for Transport which gave the green light to the construction of a £1.7bn tunnel at the Stonehenge World Heritage Site.
Jul 29, 2021

Court of Appeal rejects challenge to decision by county to change status of track to bridleway

The Court of Appeal has rejected a legal challenge to a decision by a county council to modify its Definitive Map and Statement so that a track was changed from a footpath to bridleway.
Jul 29, 2021

Judge rejects legal challenge over £27.4bn roads programme

The High Court has thrown out a campaign group's legal challenge to the Government’s £27.4bn Road Investment Strategy 2: 2020-25.
Jul 27, 2021

Trowers advises London borough on CPO for strategic infrastructure works for £6bn Meridian Water development

Law firm Trowers & Hamlins has advised the London Borough of Enfield on a compulsory purchase order relating to strategic infrastructure works necessary to enable the £6bn Meridian Water regeneration.
Jul 27, 2021

Campaigners net permission for legal challenge over reopening of bridge closed under experimental traffic order

Campaigners have been granted permission for a judicial review challenge of BCP Council’s decision to reopen a single lane road under “Keyhole Bridge” in Poole to traffic.
Jul 21, 2021

Council and bus operator to pay out £109k in damages and costs to religious organisation over refusal to advertise rally

Blackpool Council and its wholly owned company Blackpool Transport Services have been ordered to pay £109,000 in damages and costs to a religious organisation run by evangelist Franklin Graham after refusing to advertise a rally on buses.
Jul 15, 2021

New deals on way for counties as part of more flexible approach to devolution in England, says Prime Minister

The Prime Minister has signalled that the Government will adopt a more flexible approach devolution in England, saying “we need to re-write the rulebook”, with new deals for the counties.
Jun 30, 2021

High Court rejects challenge to Low Traffic Neighbourhood in London borough

A High Court judge has rejected a challenge by a disabled woman who claimed that the London Borough of Lambeth had implemented Low Traffic Neighbourhoods unlawfully.
Jun 25, 2021

Cycling charity heads to Court of Appeal after High Court refuses permission for legal challenge over removal of temporary bike lane

A cycling charity is heading to the Court of Appeal after its judicial review application of West Sussex County Council's decision to remove a temporary bike lane in Shoreham was refused by the High Court last month.
Jun 24, 2021

Highways authority successfully defends claim by injured motorcyclist

A motorcyclist seriously injured when exiting a petrol station has no claim against Luton Borough Council over the state of the highway, the High Court has decided.
Jun 23, 2021

Utility provider prosecuted by council for causing unnecessary traffic jams

Thames Water must pay more than £8,000 in fines and costs in a prosecution brought by the London Borough of Wandsworth.

  MORE FEATURES

August 20, 2021

The Road Infrastructure Strategy and climate change

The Government’s £27bn Road Infrastructure Strategy has been found to be lawful. John Litton QC and Andrew Byass analyse the High Court’s ruling.
August 13, 2021

The Stonehenge Tunnel case: heritage impacts and consideration of alternatives

A High Court judge recently quashed the approval of the Stonehenge Tunnel. Victoria Hutton, Rose Grogan, Christiaan Zwart and Richard Harwood QC examines the ruling.
July 30, 2021

Japanese knotweed and private nuisance

Jonathan Pennington Legh acted recently in a case concerning Japanese knotweed. Here he considers how the related legislation impacts landowners and practical steps you may like to consider.
July 09, 2021

Defects on the highway

A highways authority recently successfully defended a claim brought by an injured motorcyclist. Ian Clarke considers the ruling.
July 02, 2021

Managing new enforcement powers for councils under the Traffic Management Act 2004

Rob Hann considers the recent legislative changes to traffic management in England, including the introduction of Clean Air Zones and widening local authorities enforcement powers for moving traffic offences.
July 02, 2021

E-scooters in the UK public transport mix

Kathryn Hinchey highlights the challenges faced by local authorities rolling out e-scooter trials due to gaps that remain in the Government legislation and guidance. Here, she discusses the steps needed to ensure that future e-scooter use on UK roads is viable, and that ongoing trials bear fruit.
June 09, 2021

The Transport and Works Act

Neil Cameron QC, Matthew Henderson, Lorrae Hendry and Kevin Gibbs consider the relevance of the Transport and Works Act (TWA) in an era where development consent orders are often the preferred option for promoting major infrastructure projects.
June 02, 2021

Introduction to Highways Works; Public Rights of Way and Village Greens for Planners

Katherine Barnes and Celina Colquhoun provide a “back to basics” session on highways works, public rights of way and village greens directed at planners.
March 26, 2021

Diverting a footpath under section 119 of the Highways Act 1980

The Court of Appeal has recently considered the criteria for the diversion of a footpath, bridleway or restricted byway. Trevor Ward examines the ruling.
March 19, 2021

Compulsory acquisition, Green Belt policies and undefined boundaries

The Court of Appeal has handed down a judgment on planning decisions relating to undefined boundaries of Green Belt land and cost orders in CAAD appeals. Oliver Capildeo examines the ruling.
March 05, 2021

When fixation becomes legal irrationality

John Pugh-Smith examines two recent judicial review challenges where judges have upheld a ground of 'irrationality'.
February 15, 2021

Rights of Way: An introduction to Private and Public Rights of Way

Lynsey Ellard and Carol Ramsden provide an overview of the differences between private and public rights of way; the characteristics of private and public rights of way; how they are created and how creation may be controlled and how private rights of way may be protected.
February 05, 2021

Challenging the Streetspace Plan

The High Court recently quashed the Mayor of London's Streetspace Plan and TfL’s Bishopsgate Traffic Management Order. David Matthias QC and Charles Streeten explain why the black cab drivers succeeded.
January 29, 2021

When is a policy not a policy: Supreme Court on Heathrow expansion

In February 2020, the Court of Appeal decided that the Government policy on airport expansion at Heathrow was unlawful on climate change grounds. The Supreme Court has now reversed this decision. David Hart QC considers this development.
December 18, 2020

Inspecting the “soft estate"

A recent case examined liability for the collapse of roadside trees. Adrian Neale and Roger Carver look at the outcome.
November 06, 2020

Highways, snow and ice

Matthew Mawdsley analyses the first reported decision on s. 41(1A) of the Highways Act 1980 and the question of reasonable practicality.
October 23, 2020

Highway surfaces and rural landscapes

Chloe Jenkins reports on the successful defence of a claim against the Yorkshire Dales National Park Authority and North Yorkshire County Council brought by a claimant who fell whilst crossing a set of stepping stones in the River Cover in the Yorkshire Dales National Park.
August 28, 2020

Local authority powers and traffic offences

Rob Hann, local government solicitor and author, explores concerns over proposals for new council powers to impose fines and penalties on motorists for some moving vehicle offences.
August 14, 2020

Obstruction of highways

This LexisNexis Local Government guidance note, produced in partnership with Nicholas Hancox Solicitors, provides comprehensive and up to date legal information covering a wide variety of circumstances in which public highways may be obstructed and what measures are available to councils to deal with them.
August 14, 2020

Discretion to exclude bidders lawful

The exercise of a contracting authority's discretion to exclude several bidders in a rail franchise procurement was proved to be lawful. Tom Beard takes a look at the judgment.
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