PUBLIC NUISANCE AND STATUTORY AUTHORITY

Westminster City Council v Ocean Leisure Ltd [2004] EWCA Civ 970; [2004] BLR 393

In Westminster City Council v Ocean Leisure Ltd [2004] EWCA Civ 970; [2004] BLR 393, a case involving public nuisance caused by hoardings obstructing the highway, the Court of Appeal held that there is no ‘special rule’ applicable to hoardings erected in connection with building works: the right to erect such hoardings does not displace the general rule (which is not subject to any rule of ‘give and take’) that substantial interference with the right of the public to make use of the highway constitutes a public nuisance. The Court also affirmed that where construction works which obstruct the highway are undertaken under statutory powers, a member of the public who suffers special damage is entitled to take advantage of such right to compensation as is provided for by the statutory provisions pursuant to which the works are carried out. If there is a right in the party affected to claim compensation for injurious affection to land under s. 10 of the Compulsory Purchase Act 1965, the principles applicable will be those set out by Lord Hoffmann in Wildtree Hotels Ltd v Harrow London Borough Council [2001] 2 AC 1,7A-8B.