279 Right to compensation in respect of certain decisions and orders.E+W
(1)Statutory undertakers shall, subject to the following provisions of this Part, be entitled to compensation from the local planning authority—
(a)in respect of any decision made in accordance with section 266 by which planning permission to develop operational land of those undertakers is refused or is granted subject to conditions where—
(i)planning permission for that development would have been granted by a development order [F1or a local development order] but for a direction given under such an order that planning permission so granted should not apply to the development; and
(ii)it is not development which has received specific parliamentary approval (within the meaning of section 264(6));
(b)in respect of any order under section 97, as modified by section 269, by which planning permission which was granted on the application of those undertakers for the development of any such land is revoked or modified.
(2)Where by virtue of section 271—
(a)any right vested in or belonging to statutory undertakers is extinguished; or
(b)any requirement is imposed on statutory undertakers,
those undertakers shall be entitled to compensation from the acquiring or appropriating authority at whose instance the right was extinguished or the requirement imposed.
(3)Where by virtue of section 272—
(a)any right vested in or belonging to an operator of [F2an electronic communications code network] is extinguished; or
(b)any requirement is imposed on such an operator,
the operator shall be entitled to compensation from the acquiring or appropriating authority at whose instance the right was extinguished or the requirement imposed.
(4)Where—
(a)works are carried out for the removal or re-siting of statutory undertakers’ apparatus; and
(b)the undertakers have the right to carry out those works by virtue of section 273 or an order of Ministers under that section,
the undertakers shall be entitled to compensation from the acquiring or appropriating authority.
(5)Subsection (1) shall not apply in respect of a decision or order if—
(a)it relates to land acquired by the statutory undertakers after 7th January 1947; and
(b)the Secretary of State and the appropriate Minister include in the decision or order a direction that subsection (1) shall not apply to it.
(6)The Secretary of State and the appropriate Minister may only give a direction under subsection (5) if they are satisfied, having regard to the nature, situation and existing development of the land and of any neighbouring land, and to any other material considerations, that it is unreasonable that compensation should be recovered in respect of the decision or order in question.
(7)For the purposes of this section the conditions referred to in sections 91 and 92 shall be disregarded.
Textual Amendments
F1Words in s. 279(1)(a)(i) inserted (6.8.2004 for specified purposes, 10.5.2006 for E. so far as not already in force, 30.4.2012 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 40(2)(l) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 2(a); S.I. 2012/1100, art. 2
F2Words in s. 279(3) substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(h)(2)(b) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)
Modifications etc. (not altering text)
C1S. 279(2)-(4) modified (18.12.1996) by 1996 c. 61, s. 8(5)(b)
Ss. 275-278, 279(2)-(4), 280, 282 modified (3.6.1999) by S.I. 1999/1555, art. 11, Sch. 2 para. 1
Ss. 275-278, 279(2)-(4), 280, 282 modified (21.7.1999) by S.I. 1999/2129, art. 20, Sch. 3 para. 1
Ss. 275-278, 279(2)-(4), 280, 282 modified (20.8.1999) by S.I. 1999/2336, art. 25, Sch. 6 para. 1
Ss. 275-278, 279(2)-(4), 280, 282 modified (23.8.1999) by S.I. 1999/2981, art. 29, Sch. 11 para. 1
C2Ss. 279(2)-(4), 280, 282 applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 25, Sch. 4
Ss. 279(2)-(4), 280, 282 applied (24.7.2001) by S.I. 2001/3627, arts. 63, 64, Sch. 11 paras. 1, 2, Sch. 12 para. 5(3)
C3S. 279(2)-(4) applied (with modifications) (14.3.2002) by S.I. 2002/412, art. 35, Sch. 5 para. 1 (with art. 38)
C4S. 279(2)-(4) modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 9(4)(5)(b)
C5S. 279(2)-(4) applied (with modifications) by 1980 c. 66, Sch. 5 Pt. 2 para. 1 (as amended (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 65(3)(a); S.I. 2015/481, reg. 2(a))
C6S. 279(2)-(4) modified (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), art. 1, Sch. 7 paras. 2-5
C7S. 279(2)-(4) modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 9(4)(5)(b)
C8S. 279(2)-(4) modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 9(4)(5)(b)