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R (on the application of Sainsbury's Supermarkets Ltd) v Wolverhampton City Council and another

Language: English Publication details: 2010Subject(s): Online resources: Summary: [2010] UKSC 20, 12 May 2010. The appellant developer (S) appealed against the scope of a local planning authority (LPA) power to acquire land compulsorily under the Town and Country Planning Act 1990 s226 as amended by the Planning and Compulsory Purchase Act 2004 s99. S and respondent (T) who both owned part of a development site which they both wished to acquire and develop. T also controlled a separate site about 850 metres away from main site. LPA aware that T would not develop main site without control of both sites. Held: Appeal allowed. A LPA is not entitled to take into account a commitment by the developer of the relevant site to secure the development, redevelopment or improvement of another unconnected site.

[2010] UKSC 20, 12 May 2010. The appellant developer (S) appealed against the scope of a local planning authority (LPA) power to acquire land compulsorily under the Town and Country Planning Act 1990 s226 as amended by the Planning and Compulsory Purchase Act 2004 s99. S and respondent (T) who both owned part of a development site which they both wished to acquire and develop. T also controlled a separate site about 850 metres away from main site. LPA aware that T would not develop main site without control of both sites. Held: Appeal allowed. A LPA is not entitled to take into account a commitment by the developer of the relevant site to secure the development, redevelopment or improvement of another unconnected site.