By Mr R A O'Hara, R.A. O'Hara
First released in 2004. Routledge is an imprint of Taylor & Francis, an informa corporation.
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Extra resources for Guide to Highway Law for Architects, Engineers, Surveyors and Contractors
The provision of natural light and ventilation to cellars and the maintenance of them plus that of the roof where the cellar extends under the street is controlled by S180 and a case which discusses the rights and obligations of a landowner who retains responsibility for cellars in this position is provided in: Principality Building Society v Cardiff Corporation (1968), (83). (vi) Facilitating Building Operations The Act recognises that it is virtually impossible to construct a building on land which abuts a street without in some way obstructing or interfering with that highway.
Also ref. ) The claim for special damages usually relates to either loss of profit or to personal injuries. With loss of profit it is difficult to establish what would have been earned and to quantify the loss but successful claims have been made as in: Barber v Penley (1893) (47); people outside the Globe theatre following the earlier performances of ‘Charley’s Aunt’, the queue was an obstruction and the theatre management were liable. A similar decision with an injuction being served on the theatre management, was made in Lyons Sons & Co.
In addition to any conditions which might be imposed by the authority S169 imposes three conditions of its own when the circumstances merit it: 41 (i) that the structure be lighted half an hour before sunset and half an hour before sunrise; (ii) that any instructions or conditions relating to the erection and maintenance of traffic signs on or about the scaffold are adhered to; (iii) to construct or to do such things to the scaffold as any statutory undertaker (ie gas, water, electricity), reasonably requests for the purpose of protecting or giving access to any apparatus belonging to or used by or maintained by them.