Q&As

What remedies are available to a purchaser where the local authority provided an incorrect search result? How can a developer ensure that the local authority is made aware of the purchaser's intentions to develop the property?

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Published on LexisPSL on 01/12/2015

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • What remedies are available to a purchaser where the local authority provided an incorrect search result? How can a developer ensure that the local authority is made aware of the purchaser's intentions to develop the property?
  • Incorrect search result
  • Alerting the authority to the purchaser's intentions

Incorrect search result

In Chesterton Commercial (Oxon) v Oxfordshire County Council [2015] EWHC 2020 (Ch), the High Court held that a local authority was liable to a buyer for the loss in property value where a local authority search result confirmed incorrectly that part of a property was not highway maintainable at public expense.

The court held that the local authority owed a common law duty of care to the claimant in respect of its replies to enquiries. Under the Highways Act 1980, s 36, local authorities are required to create and maintain a list of highways maintainable at public expense in their area. Oxfordshire CC had not kept this list up to date and had not disclosed the in

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