Cases - Mouchell Superannuation Fund Trustees v Oxfordshire County Council
Record details
- Name
- Mouchell Superannuation Fund Trustees v Oxfordshire County Council
- Date
- [1992]
- Citation
- 1 PLR 97
- Legislation
- Keywords
- Planning control - Highways Act 1980
- Summary
-
A condition attached to a quarrying permission required access to the site to be by way of a particular road (a public highway) which was to be improved to the reasonable satisfaction of the County Surveyor.
The Court of Appeal held that the condition was unlawful. The applicant could not secure that all vehicles used the route prescribed. More fundamentally, the applicant could not carry out the necessary highway works of widening and improvement. The road and the adjacent land were outside his control. The works could only take place if the County Council exercised its powers under the Highways Act 1980.