British Waterways Board v London Power Networks Plc & Anor [2002] EWHC 2417 (Ch) (15 November 2002)

British Waterways Board v London Power Networks Plc & Anor [2002] EWHC 2417 (Ch) (15 November 2002)

The Secretary of State's power under Paragraph 6(3) of Schedule 4 to the Electricity Act 1989 extends to granting a wayleave for installation and maintenance of electricity cables in a service tunnel, as such tunnels fall within the statutory definition of 'land'. There is no contrary intention in the Act to restrict the meaning of 'land', and the statutory scheme provides adequate safeguards through discretion and compensation.

Citation
[2002] EWHC 2417 (Ch)
Parties
Claimant: British Waterways Board; 1st Defendant: London Power Networks PLC; 2nd Defendant: Secretary of State for Trade and Industry
Jurisdiction
England and Wales
Judgment Date
15 November 2002
Procedural Posture
Chancery Division Civil Claim / Judgment After Trial of Preliminary Issue
Outcome
Declaration granted in favour of the defendants.
Legal Topics
Wayleaves, Statutory Interpretation, Electricity Act 1989, Compulsory Rights Over Land
Property Law Administrative Law Utilities Law Wayleaves Statutory Interpretation Electricity Act 1989 Compulsory Rights Over Land

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Parties

British Waterways Board

Claimant

London Power Networks PLC

1st Defendant

Secretary of State for Trade and Industry

2nd Defendant

Procedural Posture

Chancery Division Civil Claim / Judgment After Trial of Preliminary Issue

Legal Issues

  1. 1 Whether the Secretary of State has power under Paragraph 6(3) of Schedule 4 to the Electricity Act 1989 to grant a wayleave for installation and maintenance of electricity cables in a service tunnel owned by the claimant.

Ratio Decidendi

The Secretary of State's power under Paragraph 6(3) of Schedule 4 to the Electricity Act 1989 extends to granting a wayleave for installation and maintenance of electricity cables in a service tunnel, as such tunnels fall within the statutory definition of 'land'. There is no contrary intention in the Act to restrict the meaning of 'land', and the statutory scheme provides adequate safeguards through discretion and compensation.

Court Disposition

Declaration granted in favour of the defendants.

Orders

  • Declaration that the Secretary of State has power under Paragraph 6(3) of Schedule 4 to the Electricity Act 1989 to grant a wayleave to LPN for installation and maintenance of electricity and associated cables in the service tunnel owned by BWB.