The Court of Appeal held that Orange City Council was negligent for failing to remediate a hole in a grass verge left after removal of a parking sign, where the Council had actual knowledge of the risk through an oral complaint. On the s 45 non-feasance protection, the Court held (obiter) that work to fill a hole left by removal of a traffic control facility was 'traffic control work' — being an activity 'in connection with' the removal or replacement of the facility — and therefore fell outside the definition of 'road work', meaning s 45 did not apply. On s 43A, the Court held (also obiter) that the Council failed on both limbs because the precautions needed to address the risk (filling the hole, placing a cone) did not require the exercise of any special statutory power, as a member of the public could take such steps without specific statutory authority.
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