The right not to enter into a highways agreement

United Kingdom
In the Spring issue of Cameron Markby Hewitt's "Property Update" we looked at the important case of R v Warwickshire County Council ex p Powergen Plc in which the High Court ruled that a highway authority does not have an absolute right to refuse to enter into a highways agreement, thereby effectively blocking development for which planning permission has been given. We understand that the County Council may appeal this decision, the outcome of which appeal would be of considerable practical significance to the development industry.