Town and Country Planning (Scotland) Act 1954

48 Payment of compensation under Part V, and supplementary provisions relating thereto

(1) Where compensation is payable in accordance with the preceding provisions of this Part of this Act, the Secretary of State shall pay to the person entitled thereto the principal amount of the compensation payable, together with interest thereon at the rate of three and one-half per cent. per annum from the first day of July, nineteen hundred and forty-eight, to the date of payment:

Provided that if the payment is made after the thirtieth day of June, nineteen hundred and fifty-five, the interest shall be calculated to that day instead of the date of payment.

(2) Where compensation under this Part of this Act is payable in respect of a planning decision or order by reference to a claim holding, then, for the purposes of the application of this Part of this Act to any subsequent planning decision or order, and for the purposes of Parts II and III of this Act—

(a) if the principal amount of the compensation is equal to the value of the claim holding at the commencement of this Act (ascertained apart from this section), the holding shall be deemed to have been extinguished immediately before the commencement of this Act;

(b) if the principal amount of the compensation is less than the value of the claim holding at the commencement of this Act (ascertained apart from this section), the value of the holding shall be deemed to have been reduced, immediately before the commencement of this Act, by the principal amount of the compensation:

Provided that if at any time an amount becomes recoverable under section thirty of this Act, as applied by the subsequent provisions of this section, in respect of that compensation, then, for the purposes of Parts II and III of this Act, paragraphs (a) and (b) of this subsection shall have effect as from that time as if the principal amount of that compensation had been reduced by a sum equal to seven-eighths of the amount which has so become recoverable.

(3) Where, in the case of any claim holding (in this subsection referred to as " the parent holding "), compensation under this Part of this Act is payable in respect of the depreciation of an interest in land by one or more planning decisions or orders, and any such decision or order did not extend to the whole of the area of the parent holding, then, both for the purposes of the last preceding subsection and for the purposes of Parts II and III of this Act—

(a) the parent holding shall be treated as having been divided immediately before the commencement of this Act into as many separate claim holdings, with such areas, as may be necessary to ensure that in the case of each holding either any such decision or order extending to the area of that holding extended to the whole thereof or that no such decision or order extended to the area of that holding ;

(b) the value of each of the separate holdings respectively shall be taken to be that fraction of the value of the parent holding which then attached to the part of the area of the parent holding constituting the area of the separate holding;

(c) the authority determining the amount of any such compensation shall apportion that amount between the areas of the separate claim holdings to which the decision or order in question extended in such manner as appears to that authority proper, and the portion of that amount apportioned to the area of any separate claim holding shall be taken to be compensation payable under this Part of this Act in respect of that claim holding.

(4) The provisions of sections twenty-eight, twenty-nine and thirty of this Act, except subsection (10) of the said section thirty, shall have effect with the necessary modifications in relation to compensation under this Part of this Act (whether by way of principal or by way of interest), and to development of land to which such compensation relates, as they have effect in relation to compensation under Part II of this Act and to development of land to which that compensation relates, and shall so apply as if references in the said section twenty-eight and twenty-nine to a planning decision included references to an order under section nineteen of the principal Act:

Provided that, in a case where the compensation under this Part of this Act specified in a notice recorded under the said section twenty-nine as applied by this subsection became payable in respect of an order modifying planning permission, the said section thirty shall not apply to development in accordance with that permission as modified by the order.