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

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

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 investigation which it had been carrying out in respect of the property and as a result, the local authority search result

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