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On appeal from [2010] EWCA Civ 892

The case concerned the whether it is open to a local planning authority, in considering whether it is expedient to revoke or modify permission to develop land under s 97 of the Town and Country Planning Act 1990, to have regard to compensation it might have to pay under s 107 of the Town and Country Planning Act 1990.

The court dismissed the appeal of the HSE. A public authority, when deciding whether to exercise a discretionary power to achieve a public objective, is entitled to take into account the cost to the public of doing so. As a custodian of public funds the authority generally must have regard to the cost to the public of its actions, at least to the extent of considering in any case whether the cost is proportionate to the aim achieved. S 97 required no different approach. Possible difficulty in assessing precisely the likely level of compensation is no reason for not conducting the exercise, still less for leaving costs considerations out of account altogether.

For Court’s press summary, please download: Court’s Press Summary 
For judgment, please download: [2012] UKSC 33
For a non-PDF version of the judgment, please visit: BAILII