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[2013] UKSC 40
[2013] PLSCS 137
Highways
Frontagers' rights
Chancery Division
Lord Neuberger, president, Lord Mance, Lord Sumption, Lord Carnwath and Lord Hughes
19 June 201 3
Highways Act 1980 - Frontagers' rights - Respondent owning property abutting highway - Use of forecourt of respondent's property for parking becoming immune from planning enforcement - Appellant highway authority deciding to erect barriers to block vehicular access to forecourt on grounds of highway safety - Whether power to do so arising under section 80 or section 66(21 of the 1 980 Act - Appeal allowed
The respondent conducted a solicitor's practice from a property of which he was the freeholder. The front garden of the property had been converted to hard standing and the front wall removed, creating a forecourt open to the adjoining highway. The appellant, his staff and his clients had used the forecourt for parking since 1969, such that any breach of planning control involved had become immune from enforcement.
The appellant highway authority decided to erect barriers on the pavement to block vehicle movement between the forecourt and the highway. The respondent applied to the court for an injunction restraining the appellants from taking that course. The appellants asserted that vehicle movements between the forecourt and highway endangered pedestrians and other road users and that the erection of the barriers fell within their statutory powers under the Highways Act 1980.
The claim for injunctive relief was dismissed in the courts below. The High Court held that the appellants were entitled...