Commentary on Sections Part 6: Compensation Section 188: Compensation where planning permission assumed for other development
A claim for compensation following modification or revocation of planning permission can be made to a council under section 26 of the 1965 Act.  It may, however, appear to a council that planning permission could have been granted for development other than that which gave rise to the claim.  In such cases a council may direct that it shall be assumed that permission for that other development would be granted either unconditionally or conditionally when assessing the amount of compensation payable.