KBC Developments LLP v Wavin Ltd & Anor [2023] EWHC 153 (Ch) (31 January 2023)

KBC Developments LLP v Wavin Ltd & Anor [2023] EWHC 153 (Ch) (31 January 2023)

The Level Strip was adopted as part of the public highway under the s.38 Agreement, as evidenced by the Adoption Plan and the functional relationship with the rest of Parsonage Way. The zone of ordinary use in the vertical plane includes the airspace and ground necessary for bridge construction. Even if not adopted, KBC would have a contractual right to connect under the Conveyance until such adoption occurred.

Citation
[2023] EWHC 153 (Ch)
Parties
Claimant: KBC Developments LLP; First Defendant: Wavin Limited; Second Defendant: Wiltshire Council
Jurisdiction
England and Wales
Judgment Date
31 January 2023
Procedural Posture
Property Dispute / Declaratory Relief / High Court (chancery Division) Judgment
Outcome
Declaration granted in favour of KBC
Legal Topics
Adoption of Highways, Dedication of Land as Public Highway, Interpretation of S.38 Highways Act 1980, Extent of Public Highway (horizontal and Vertical Planes), Rights Under Conveyance, Vesting of Highways
Property Law Highways Law Planning Law Adoption of Highways Dedication of Land as Public Highway Interpretation of S.38 Highways Act 1980 Extent of Public Highway (horizontal and Vertical Planes) Rights Under Conveyance +1 more

Case Brief

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Parties

KBC Developments LLP

Claimant

Wavin Limited

First Defendant

Wiltshire Council

Second Defendant

Procedural Posture

Property Dispute / Declaratory Relief / High Court (chancery Division) Judgment

Legal Issues

  1. 1 Whether the Level Strip was adopted as part of the public highway under s.38 Highways Act 1980
  2. 2 Whether the vertical and horizontal extent of the adopted highway includes the Level Strip sufficient for bridge construction
  3. 3 Whether KBC has a contractual right to connect to Parsonage Way under the 1992 Conveyance if the Level Strip was not adopted

Ratio Decidendi

The Level Strip was adopted as part of the public highway under the s.38 Agreement, as evidenced by the Adoption Plan and the functional relationship with the rest of Parsonage Way. The zone of ordinary use in the vertical plane includes the airspace and ground necessary for bridge construction. Even if not adopted, KBC would have a contractual right to connect under the Conveyance until such adoption occurred.

Court Disposition

Declaration granted in favour of KBC

Orders

  • Declaration that there is no gap between Parsonage Way and the legal boundary with Network Rail's land; KBC may connect the proposed railway bridge to Parsonage Way.