A local council that grants approval for a private landowner to construct a driveway crossing over the road verge, subject to conditions, is not liable as an occupier if the crossing is built in a non-compliant and dangerous manner; the council's failure to oversee compliance with conditions is nonfeasance, not misfeasance. An order refusing leave to appeal is interlocutory and may be revoked on a subsequent application where the earlier order was made under a misapprehension of fact.
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