Court Supreme Court | Citation(s) [2010] UKSC 20 | |
R (Sainsbury’s Supermarkets Ltd) v Wolverhampton CC [2010] UKSC 20 is an English land law case, concerning the power of a local council to make a compulsory purchase order.
Contents
Facts
Wolverhampton City Council approved in principle a compulsory purchase order ("CPO") under section 226(1)(a) of Town and Country Planning Act 1990 of land owned by Sainsbury’s a Raglan Street site to facilitate a development of the site by Tesco. The Council took into account Tesco's commitment to develop the Royal Hospital site. Sainsbury’s contended it was illegitimate to have regard to Tesco’s commitment to regenerate the site.
Judgment
Lord Collins held that the council had taken into account an irrelevant factor in deciding whether to make a compulsory purchase order. It should not have considered the financial benefit from Tesco to do this.
Lord Walker said the following.
Lady Hale said the following.
Lord Mance agreed.
Lord Phillips, Lord Hope and Lord Brown dissented.