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PLANNING UPDATE: What is a highway?

28 November 2017  

Michele Vas outlines a recent decision which reiterates what constitutes a ‘highway’

The recent Court of Appeal judgment in the case of London Borough of Southwark v Transport for London [2017] serves as a useful reminder of the common law principles of what constitutes a highway and reaffirms that the extent of a highway authority’s interest in such land is restricted to the ‘top two spits’.

Additional Info

  • Case(s) Referenced:

    Finchley Electric Lighting Co v Finchley Urban Council [1903] 1 Ch 437

    London Borough of Southwark & anor v Transport for London [2017] EWCA Civ 1220

    Tithe Redemption Commission v Runcorn Urban District Council [1954] Ch 383