Public highway stopped up — Powers under the planning Acts — Planning permission for shopping centre and substitute access road — Plaintiff owning premises affected by stopping up — Whether order stopping up valid — Whether obstruction of public highway — Whether defendants liable in nuisance for obstruction
The plaintiff owns a shop at 165 High Street, Chatham, Kent, which until 1971 enjoyed direct access to Nelson Road, a public highway. Since 1971, and following an order made by the Secretary of State for the Environment authorising the stopping up of certain highways, the Pentagon shopping centre has been constructed; Nelson Road no longer exists and the plaintiff’s premises do not enjoy access by vehicles or foot except to a limited extent. The plaintiff claimed that the obstruction was carried out without lawful authority and amounted to a nuisance; she sought an injunction and/or damages. Further, the access that was provided was not constructed in accordance with the planning permission by reference to which the order to stop up Nelson Road was made.
Held The claim was dismissed.
The order made by the Secretary of State for the Environment under the Town and Country Planning Act 1962, section 153, was lawfully made and all the steps in the scheme for the development of the area as a shopping centre properly carried out. The access road actually provided for the premises may be restricted but it was in accordance with the approved plan and there was nothing illegal in all the circumstances. Because the road was lawfully stopped up, the defendants, who held interests in the shopping centre, could not be liable in nuisance for the obstruction of Nelson Road.
Alun Alesbury (instructed by Richards Butler) appeared for the plaintiff; the first defendants, County & District Properties (South West) Ltd, did not appear and were not represented; Charles George (instructed by Laurence Graham and Clifford Chance) appeared for the second and fourth defendants, Legal & General Assurance (Pensions Management) Ltd and Pentagon Developments (Chatham) Ltd; and Nicholas Nardecchia (instructed by Sharpe Pritchard) appeared for the third defendants, Rochester upon Medway City Council.
