Land Compensation Act 1961

6 Disregard of actual or prospective development in certain cases. E+W

(1) Subject to section eight of this Act, no account shall be taken of any increase or diminution in the value of the relevant interest which, in the circumstances described in any of the paragraphs in the first column of Part I of the First Schedule to this Act, is attributable to the carrying out or the prospect of so much of the development mentioned in relation thereto in the second column of that Part as would not have been likely to be carried out if—

(a) (where the acquisition is for purposes involving development of any of the land authorised to be acquired) the acquiring authority had not acquired and did not propose to acquire any of the land; and

(b) (where the circumstances are those described in one or more of paragraphs 2 to [F1 4B] in the said first column) the area or areas referred to in that paragraph or those paragraphs had not been defined or designated as therein mentioned.

(2) The provisions of Part II of the First Schedule to this Act shall have effect with regard to paragraph 3 [F2 and so far as applicable paragraph 3A] of Part I of that Schedule [F3 and the provisions of Part III of that Schedule shall have effect with regard to paragraph 4A.]

(3) In this section and in the First Schedule to this Act— “the land authorised to be acquired”—

(a) in relation to a compulsory acquisition authorised by a compulsory purchase order or a special enactment, means the aggregate of the land comprised in that authorisation, and

(b) in relation to a compulsory acquisition not so authorised but effected under powers exercisable by virtue of any enactment for defence purposes, means the aggregate of the land comprised in the notice to treat and of any land contiguous or adjacent thereto which is comprised in any other notice to treat served under the like powers not more than one month before and not more than one month after the date of service of that notice;

• “defence purposes” has the same meaning as in the M1 Land Powers (Defence) Act 1958;

and any reference to development of any land shall be construed as including a reference to the clearing of that land.

Textual Amendments

F1 “4B” substituted by virtue of Housing Act 1988 (c. 50, SIF 61), s. 78(4)

F2 Words inserted by New Towns Act 1966 (c. 44), Sch. Pt. I para. 3

F3 Words added by Local Government, Planning and Land Act 1980 (c. 65), s. 145(3)(b)

Modifications etc. (not altering text)

C1 S. 6 excluded by Land Compensation Act 1973 (c. 26), s. 6(3); modified ibid., s. 51(2)

C2 S. 6 modified (retrospective to 23.11.1994) by 1996 c. 61, s. 46(2)(4)

Marginal Citations

M1 1958 c. 30