Health & Safety Executive v Wolverhampton County Council

Lord Justice Sullivan:

1. For the reasons set out in the approved judgment which I now hand down, the appeal is allowed and the respondent is ordered in accordance with the judgment of the court to remake its decision under section 97 of the Town and Country Planning Act 1990.

2. There has been a recent exchange of correspondence and submissions on costs. So far as costs are concerned, it has not been possible for us to meet to resolve those matters today and so we will determine the issue of costs in writing in due course.

3. So far as permission to appeal is concerned, we grant permission to appeal to the Supreme Court. We take the view that the issue is one of wider importance and there is a clear division of judicial opinion on the matter. The matter to which I refer of course is the question whether the council's potential liability to compensation when making a decision under section 97 or 102 of the Town and Country Planning Act is a relevant consideration.

4. So far as the precise form of the order is concerned, I will give the associate the draft but I will delete the paragraphs relating to costs and also slightly amend the provision relating to permission to the Supreme Court. Order: Appeal allowed