Health and Safety Executive v Wolverhampton City Council [2012] UKSC 34, [2012] All ER (D) 172 (Jul)
Supreme Court, Lord Hope DP, Lord Walker, Lord Dyson, Lord Sumption and Lord Carnwath SCJJ, 18 Jul 2012
In considering under s 97 of the Town and Country Planning Act 1990 whether it appears to a local planning authority to be expedient to revoke or modify a permission to develop land, it is open to that local planning authority to have regard to the compensation that it might have to pay under s 107.
Philip Coppel QC and Carine Patry Hoskins (instructed by the Treasury Solicitors) for the HSE. Robert Griffiths QC, Estelle Dehon (instructed by Wolverhampton City Council Legal Services) for the authority. James Maurici (instructed by Reed Smith LLP) for the authority.
The defendant was the local planning authority and the hazardous substances authority for the relevant area. The claimant was the Health & Safety Executive (HSE). The interested party was a private company engaged in the provision of student accommodation. The defendant granted planning permission for four