LT 3 March 1992. The claimant company S, occupied an area of mainly open land totalling 11.75ha, pursuant to a licence granted in 1988 which allowed them to use the land for a market in Sundays. In September 1988 they applied to the council for planning permission `to operate a market each Sunday`. In January 1989 this was refused. In March S appealed to SoS. In February the council had issued a direction under General Development Order 1988, whereby the permission granted by that order for use of land for holding markets on not more than 14 days a year was withdrawn. In January 1990 an inspector appointed by the SoS issued a decision following a local inquiry into S`s appeals against an enforcement notice and the councils refusal of planning permission dismissing both appeals. In July 1990 S claimed compensation under Town and Country Planning Act 1971 s165. The council claimed that it was a condition for claim that the application for planning permission must be in the terms of an