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Overlapping and Alternative Powers

April 8th, 2020 by James Goudie KC

In Sawkill v HighWays England (2020) EWHC 801 (Admin) the Claimant sought judicial review of a decision by the defendant highway authority to seek to use its power under Section 172 of the Highways and Planning Act 2016to enter onto his land to carry out a survey in connection with a Development Consent Order (DCO). The claim failed. The authority could choose that general power and was not confined to the specific provisions of Section 53 of the Planning Act 2008 in connection with DCOs.

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