Partridge & Ors v Lawrence & Ors

Partridge & Ors v Lawrence & Ors

The width of the Field Access is 5.5 metres, as determined by reference to the plan annexed to the 1995 deed and the scaled plan 1642A, which formed part of the surrounding circumstances. The right of way is presently exercisable by the claimants, subject only to obtaining any requisite planning consents for works that require them, but not for mere removal of the fence or hedge, as these do not constitute development or breach planning conditions after the relevant period.

Parties
Appellants/claimants: Partridge and Others; Respondents/defendants: Lawrence and Others
Jurisdiction
England and Wales
Judgment Date
08 July 2003
Procedural Posture
Civil Appeal / Judgment on Appeal From Bristol County Court
Outcome
Appeal allowed in part and otherwise dismissed
Legal Topics
Easements, Right of Way, Interpretation of Deeds, Planning Permission, Injunctions
Property Law Land Law Easements Right of Way Interpretation of Deeds Planning Permission Injunctions

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Parties

Partridge and Others

Appellants/claimants

Lawrence and Others

Respondents/defendants

Procedural Posture

Civil Appeal / Judgment on Appeal From Bristol County Court

Legal Issues

  1. 1 What is the correct width of the Field Access/right of way reserved to the claimants?
  2. 2 Are the claimants entitled to exercise the right of way immediately or are there preconditions, including planning consents, to be satisfied before exercise?

Ratio Decidendi

The width of the Field Access is 5.5 metres, as determined by reference to the plan annexed to the 1995 deed and the scaled plan 1642A, which formed part of the surrounding circumstances. The right of way is presently exercisable by the claimants, subject only to obtaining any requisite planning consents for works that require them, but not for mere removal of the fence or hedge, as these do not constitute development or breach planning conditions after the relevant period.

Court Disposition

Appeal allowed in part and otherwise dismissed

Orders

  • Declaration that the width of the Field Access is 5.5 metres
  • Injunctions granted to the defendants are to be modified to reflect that only works requiring planning permission are restrained until such permission is obtained