CA 11 March 1992. The county council compulsorily purchased 1.23 ha of land belonging to the claimant company, X, part of 13.88 ha. X applied to the districy council for planning permission for residential development and they entered into an agreement under Town and Country Planning Act 1971 s52, which contained a covenant that `an area of 1.3ha adjacent to the playing field and amenity open spaces shall be reserved for school purposes`. Outline planning permission was granted for 343 units, open space,a site for a primary school and local shops. X carried out the development omitting the 1.3ha. In July 1983 the county council as education authority made a cpo to acquire 1.23ha. No objection was made and it was confirmed. The valuation date was 18 May 1984. LT determined the compensation payable at £300,00 on the basis that in assessing compensation the restrictive covenant must be disregarded as it was part of the scheme underlying the acquisition. The council appealed. CA held tha