ABSTRACT

An acquiring authority usually has planning permission for any purposes involving development by the time it exercises its powers of acquisition. Although it is therefore possible to assume planning permission for the development to be carried out by the acquiring authority, the demand for land with that planning permission may be attributed to the scheme underlying the compulsory acquisition, and any consequential increase in value must be disregarded: Myers v Milton Keynes Development Corpn. The purpose of the planning permission assumption is to ensure that the compensation for the compulsory purchase of land includes compensation for any value attributable to the right to rebuild and alter buildings within certain limitations. Planning permission may be assumed for any development for the purposes of a use falling within the planned range of uses as indicated in the current development plan for the area.