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31 AUG 2012

Health and Safety Executive v Wolverhampton City Council and Victoria Hall Ltd [2012] UKSC 34 (2012) PLLR 104

Planning - planning permission - revocation - modification - expedient - material consideration - meaning - compensation - public interest - relevant consideration

A local authority was required to take into account potential compensation payments as a material consideration when considering whether to revoke or modify permission to develop land.

18 July 2012

Supreme Court

Hope L (Deputy President), Walker L, Dyson L, Sumption L, Carnwath L

(1) In an application for planning permission to erect four blocks of student housing in close proximity to a facility used to store liquid petroleum gas, the appellant (H) had advised that there were sufficient safety grounds to refuse the application. The respondent (W) was aware of this view but granted planning permission. In doing so it failed to consult further with H, did not obtain its own advice on the safety implications of building on the site, failed to give H notice of its intention to grant permission and failed to inform H that it had granted permission. As a result, H had no opportunity to ask the Secretary of State to call in the application. H requested that W revoke permission at least with regards to the closest of the four blocks.

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