A highway authority was not obliged to accede to a request made under the Highways Act 1980 s.117 for it to apply to a magistrates' court for a stopping-up order in respect of a public highway. A highway authority had a broad discretion under s.117 of the Act and was not confined to considering whether the highway in question was necessary for public passage.

[2006] EWHC 661 (Admin)

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