Highways England: duties: discretion: consultation

R (Selfton MBC) Highways England [2018] EWHC 3059

“71 On the other hand, Highways England is not a body whose functions have to be conducted according to a formula. Within the limits of the 2015 Act and the Licence, it has considerable freedom to act in the manner it considers best calculated to perform its duties efficiently and economically. It does not have to consult widely or in detail on every decision, though in practice will doubtless do so where major infrastructure projects are contemplated.

72 I do not think the provisions in the Licence relied on by Mr Cosgrove bear the weight he seeks to place on them. The duty to consult, as far as it goes, is non-specific. It is a duty to engage with what, in the jargon of the public sector, are commonly called stakeholders. That duty is general and pitched at quite a high level.”

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