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[2010] UKSC 20
[2010] 20 EG 144 (CS)
Town and country planning Compulsory purchase
Supreme Court
Lord Phillips, President, Lord Hope, Deputy President, Lord Walker, Lady Hale, Lord Brown, Lord Mance and Lord Collins
12 May 2010
Town and Country Planning Act 1990 - Respondents granting planning permission to rival parties for development on site - Resolution to exercise section 226(1)(a) compulsory purchase powers in favour of one party - Whether entitled to take into account prospect that development of CPO site would cross-subsidise other development - Appeal allowed
The ownership of a potential development site was divided between the appellant, which held most of the land, the second respondent, which owned much of the remainder, and the first respondent council, which were also the local planning authority. Both the appellant and the second respondent submitted planning applications for a mLxed-use development on the site. The first respondents resolved to grant outline permission for each application. Thereafter, they resolved in principie to make a compulsory purchase order (CPO), under section 226 of the Town and Country Planning Act 1990, to facilitate the second respondent's scheme. They considered that eitiier scheme would bring appreciable planning benefits and improve the social, economic and environmental well-being of the city', as required by section 226(1A). In choosing the second respondent's scheme, tiiey took...