*London Borough of Southwark v Transport for London

Local authority – Powers. The provision in art 2(1)(a) of the GLA Roads and Side Roads (Transfer of Property etc) Order 2000 (the Transfer Order) for the transfer to the appellant, TfL, of 'the highway' in relation to a Greater London Authority road and the identical provision in s 265(1)(a) of the Highways Act 1980 in relation to a trunk road, was not limited to the property transferred within the vertical plane above and below the highway to the zone of ordinary use. The Supreme Court so held in allowing TfL's appeal against a decision of the Court of Appeal, Civil Division that had held that the purpose of the Transfer Order, like the purpose of all provisions for statutory vesting of property in highway authorities, was to vest in TfL only those ownership rights in the vertical plane of the highway which were necessary to enable it to perform its functions as highway authority.

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