Citypark Properties Ltd v Bolton Metropolitan Borough Council [2000] EWLands ACQ_76_2000 (06 September 2000)

Citypark Properties Ltd v Bolton Metropolitan Borough Council [2000] EWLands ACQ_76_2000 (06 September 2000)

No improvement line was prescribed under section 73 of the Highways Act 1980 by the 1995 resolution or otherwise, as the statutory procedures were not followed and the council did not intend to exercise those powers; therefore, the claimant has no entitlement to compensation under section 73(9).

Source-derived case information.

Citation
[2000] EWLands ACQ_76_2000
Parties
Claimant: Citypark Properties Limited; Compensating Authority: Bolton Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
06 September 2000
Procedural Posture
Compensation Claim Under Highways Act 1980, S 73(9) and 307(1) / Preliminary Issue Determination
Outcome
Claim dismissed
Legal Topics
Highways Act 1980 Section 73, Compensation for Injurious Affection, Prescription of Improvement Lines, Estoppel by Convention, Statutory Interpretation
Administrative Law Compensation Law Local Government Law Highways Act 1980 Section 73 Compensation for Injurious Affection Prescription of Improvement Lines Estoppel by Convention Statutory Interpretation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Citypark Properties Limited

Claimant

Bolton Metropolitan Borough Council

Compensating Authority

Procedural Posture

Compensation Claim Under Highways Act 1980, S 73(9) and 307(1) / Preliminary Issue Determination

Legal Issues

  1. 1 Whether the council prescribed an improvement line under section 73 of the Highways Act 1980
  2. 2 Whether the claimant is entitled to compensation for injurious affection under section 73(9)
  3. 3 Whether estoppel by convention prevents the council from denying the prescription of an improvement line

Ratio Decidendi

No improvement line was prescribed under section 73 of the Highways Act 1980 by the 1995 resolution or otherwise, as the statutory procedures were not followed and the council did not intend to exercise those powers; therefore, the claimant has no entitlement to compensation under section 73(9).

Court Disposition

Claim dismissed

Orders

  • No entitlement to compensation under section 73(9) of the Highways Act 1980
  • Proceedings disposed of subject to determination of costs