Land Compensation Act 1961

[F1 17 Certificates of appropriate alternative development E+W

(1) Where an interest in land is proposed to be acquired by an authority possessing compulsory purchase powers, either of the parties directly concerned may (subject to subsection (2)) apply to the local planning authority for a certificate [F2 stating that a certain description of development is appropriate alternative development in relation to the acquisition].

[F3 (1A) Development is “appropriate alternative development” for this purpose if it is development—

(a) on the land in which the interest referred to in subsection (1) subsists (whether alone or together with other land),

(b) for which planning permission is not in force at the relevant planning date, and

(c) in respect of which the following test is met.

(1B) The test is whether, had an application for planning permission for the development been determined on the relevant planning date, the local planning authority would have been more likely than not to grant the permission—

(a) on the assumptions set out in section 14(5),

(b) on the assumption that it would act lawfully, and

(c) otherwise, in the circumstances known to the market at the relevant planning date.

(1C) For the purposes of subsections (1A) and (1B), the “relevant planning date” is—

(a) the relevant valuation date, or

(b) if earlier, the date on which the application under this section is determined.]

(2) If—

(a) the acquiring authority have served a notice to treat in respect of the interest or an agreement has been made for the sale of the interest to that authority, and

(b) a reference has been made to the Upper Tribunal to determine the amount of the compensation payable in respect of the interest,

no application for a certificate under this section may be made after the making of that reference by either of the parties directly concerned except with the consent in writing of the other party directly concerned or the permission of the Upper Tribunal.

(3) An application for a certificate under this section—

[F4 (ba) must set out the applicant’s reasons for considering that the description of development given in the application is appropriate alternative development, and]

(c) must be accompanied by a statement specifying the date on which a copy of the application has been or will be served on the other party directly concerned.

(4) Where an application is made to the local planning authority for a certificate under this section in respect of an interest in land, the local planning authority must not, without the agreement of the other party directly concerned, issue a certificate to the applicant before the end of 22 days beginning with the date specified in the statement under subsection (3)(c).

[F5 (5A) The local planning authority may issue a certificate under this section in respect of—

(a) the description of development given in the application for the certificate, or

(b) a description of development less extensive than, but otherwise falling within, the description given in the application.

(5B) A certificate under this section must give a general indication of—

(a) any conditions to which planning permission for the development would have been subject, and

(b) any pre-condition for granting the permission (for example, entry into an obligation) that would have had to be met.

(5C) The test to be applied for the purposes of subsection (5B) is whether the local planning authority would have been more likely than not to impose such conditions, or insist on such a pre-condition, on the assumptions, and otherwise in the circumstances, referred to in subsection (1B).]

(9) On issuing to one of the parties directly concerned a certificate under this section in respect of an interest in land, the local planning authority must serve a copy of the certificate on the other of those parties.

(10) In assessing any compensation payable to any person in respect of any compulsory acquisition, [F6 no account is to be taken of any expenses] incurred by the person in connection with the issue of a certificate under this section (including expenses incurred in connection with an appeal under section 18 F7 ...).

(11) For the purposes of this section and sections 18 to 20, the Broads Authority is the sole district planning authority for the Broads; and here “ the Broads ” has the same meaning as in the Norfolk and Suffolk Broads Act 1988. ]

Textual Amendments

F1 S. 17 substituted (6.4.2012) by Localism Act 2011 (c. 20), ss. 232(3), 240(2) (with s. 232(8)); S.I. 2012/628, art. 8(d) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F2 Words in s. 17(1) substituted (31.1.2025) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 189(3)(a), 255(7) (with s. 247); S.I. 2024/92, reg. 5 (with reg. 6(3)-(5))

F3 S. 17(1A)-(1C) inserted (31.1.2025) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 189(3)(b), 255(7) (with s. 247); S.I. 2024/92, reg. 5 (with reg. 6(3)-(5))

F4 S. 17(3)(ba) substituted for s. 17(3)(a)(b) (31.1.2025) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 189(3)(c), 255(7) (with s. 247); S.I. 2024/92, reg. 5 (with reg. 6(3)-(5))

F5 S. 17(5A)-(5C) substituted for s. 17(5)-(8) (31.1.2025) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 189(3)(d), 255(7) (with s. 247); S.I. 2024/92, reg. 5 (with reg. 6(3)-(5))

F6 Words in s. 17(10) substituted (31.1.2025) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 189(3)(e)(i), 255(7) (with s. 247); S.I. 2024/92, reg. 5 (with reg. 6(3)-(5))

F7 Words in s. 17(10) omitted (31.1.2025) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 189(3)(e)(ii), 255(7) (with s. 247); S.I. 2024/92, reg. 5 (with reg. 6(3)-(5))