The claimant challenged a back to back agreement between the council and a developer where the council agreed to purchase compulsorily a plot of land against a developer’s undertaking to complete the development and indemnify the council against its costs.
Held: A local authority may use its powers of compulsory purchase to assemble a site for development by a preferred developer. The words ‘best terms’ permitted disposal for a consideration which was not the ‘best price’. So terms that would produce planning benefits and gains of value to the authority could be taken into account as well as terms resulting in cash benefits.
Lord Hope and Lord Brown accepted that account could be taken by a planning authority of the wider, off-site planning gains which would result from the exercise of its compulsory purchase powers.
Judges:
Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Rodger of Earlsferry and Lord Brown of Eaton-under-Heywood
Citations:
Times 20-Nov-2006, [2006] UKHL 50, 2007 SC (HL) 33
Links:
Statutes:
Town and Country Planning (Scotland) Act 1997 191
Jurisdiction:
Scotland
Citing:
Appeal from – Standard Commercial Property Securities Limited for Judicial Review of A Decision Dated 26 August 1999 of Glasgow City Council OHCS 15-Aug-2000
. .
Appeal from – Standard Commercial Property Securities Limited Standard Commercial Property Developments Limited v Glasgow City Council Atlas Investments Limited for Judicial Review of Decisions of Glasgow City Counil OHCS 1-Jun-2004
. .
Appeal from – Standard Commercial Property Securities Limited Standard Commercial Property Development Limited v City of Glasgow Council Atlas Investments Limited for Judicial Review OHCS 3-Dec-2004
. .
Cited by:
Cited – Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another SC 12-May-2010
The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 08 July 2022; Ref: scu.246084