The Town and Country Planning (Compensation and Certificates) Regulations 1974

PART VI CONTRIBUTIONS BY SECRETARY OF STATE UNDER PART VIII OF THE ACT TOWARDS COMPENSATION PAYABLE BY AUTHORITIES FOR REVOCATION OR MODIFICATION OF PLANNING PERMISSION

Proposal for contribution

14.—(1) Where the Secretary of State proposes to pay a contribution under section 167 of the Act, he shall prepare a statement of the amount of the contribution showing the manner in which such amount has been ascertained.

(2) The Secretary of State shall send a copy of the said statement to any person appearing to him to have an interest in land to which the proposal relates or an interest which is substantially affected by an apportionment involved in the proposal.

(3) The Secretary of State shall also send a copy of the said statement to every other person who appears to him to be substantially affected by the reduction or extinguishment, as the case may be, of the unexpended balance of established development value of that land.

(4) Any person to whom a copy of the said statement has been sent may within 30 days thereafter give notice in writing to the Secretary of State that he objects to the proposal and shall specify whether his objection is made on the grounds—

(a) that compensation would not have been payable under Part VII of the Act or Part II or Part V of the Act of 1954 or Part VI of the Act of 1962, as the case may be; or

(b) that the amount of the compensation would have been less than the amount of the proposed contribution;

and the Secretary of State shall consider such objection.

(5) As soon as may be after giving effect to the preceding provisions of this regulation, the Secretary of State shall determine the amount of the contribution (if any) to be made, and shall serve notice in writing upon every person to whom a copy of the said statement was sent.

Disputes

15.—(1) If any person who objected to the Secretary of State's proposal and did not withdraw his objection wishes to dispute the determination of the Secretary of State under the last preceding regulation, he may within 30 days of the Secretary of State's determination give notice in writing to the Lands Tribunal that he disputes the findings and shall specify whether he objects on the grounds—

(a) that compensation would not have been payable under Part VII of the Act or Part II or Part V of the Act of 1954 or Part VI of the Act of 1962, as the case may be; or

(b) that the amount of the compensation would have been less than the amount of the proposed contribution;

and thereupon the dispute shall be referred to the Lands Tribunal for determination and the Secretary of State shall notify accordingly all other persons to whom notices were given under the last preceding regulation.

(2) All persons to whom notices of any findings have been given shall be entitled to be heard in any dispute before the Lands Tribunal under paragraph (1) of this regulation.

(3) The Lands Tribunal shall by their decision either confirm or vary the Secretary of State's findings, or, as the case may be, the apportionment, and shall notify the parties of their decision.

Application of provisions of the Act

16.—(1) The provisions of section 140(1) of the Act as to the reduction or extinguishment of the unexpended balance of established development value shall apply in a case where a contribution is paid under section 167 of the Act as they apply where compensation under Part VII of the Act becomes payable in respect of the depreciation of the value of an interest in land by a planning decision and as if the revocation or modification were such a decision.

(2) Where an amount becomes recoverable under section 160(6) as applied by section 168 of the Act, section 161 shall apply as if—

(a) the reference to compensation specified in a compensation notice were a reference to compensation for depreciation specified in the notice under section 166;

(b) the reference to section 160 were a reference to subsection (2) of that section as applied by section 168; and

(c) the reference to the compensation attributable to the land were a reference to the Secretary of State's contribution attributable to the land.