Town and Country Planning Act 1990

123 Further exclusions from compensation. E+W

(1) Where an interest in any land has (whether before or after the commencement of this Act) been compulsorily acquired by, or sold to, an authority possessing compulsory purchase powers (other than statutory undertakers or the British Coal Corporation), that authority, and any person deriving title from that authority under a disposition made by that authority on or at any time after 1st July 1948, shall not be entitled to compensation under this Part in respect of a planning decision made after the service of the notice to treat or, as the case may be, after the making of the contract of sale by reason that the value of that interest, or of any interest created (whether immediately or derivatively) out of that interest, is depreciated by the decision.

(2) Subsection (1) shall apply to land which has at any time on or after 1st July 1948 (whether before or after the commencement of this Act) been appropriated by a local authority for a purpose for which the authority could have been authorised to acquire the land compulsorily as it applies to land in which an interest has been acquired as mentioned in that subsection, with the substitution for the reference to the service of the notice to treat of a reference to the appropriation.

(3) Where at the relevant date any land was or is operational land of statutory undertakers, or land of the British Coal Corporation of a class specified in regulations made under section 90 of the 1947 Act or under section 273 of the 1971 Act or under section 317 of this Act, the statutory undertakers or, as the case may be, the British Coal Corporation and any person deriving title from those undertakers or that Corporation shall not be entitled to compensation under this Part, in respect of a planning decision made after the relevant date, by reason that the value of any interest in that land is depreciated by that decision.

(4) In subsection (3) “the relevant date”—

(a) in relation to land which was such operational land or land of the British Coal Corporation as is mentioned in that subsection on 1st January 1955, means that day, and

(b) in relation to land which (whether before or after the commencement of this Act) became or becomes such operational land or land of the British Coal Corporation on a date subsequent to 1st January 1955, means that subsequent date.

(5) A person shall not be entitled to compensation under this Part in respect of depreciation of the value of an interest in land by a planning decision if he is entitled to compensation by virtue of section 108 in respect of depreciation of the value of that interest by that decision.